J. Jebasingh v. State of Tamil Nadu rep. by its Principal Secretary Department of Health & Family Welfare
2016-07-15
T.RAJA
body2016
DigiLaw.ai
ORDER : Aggrieved by the impugned G.O(D). No. 749 Health and Family Welfare (A1) Department, dated 15.06.2015, issued by the Principal Secretary Department of Health & Family Welfare, Chennai, the petitioner is before this Court. 2. Taking through the said Government Order, Dindigul District 15.06.2015, particularly, paragraph No. 4 of the said Government Order, learned counsel for the petitioner submitted that when there is a time limit for months for giving appeal, short on patience, the respondents have proceeded to appoint the persons who are junior to the petitioner. More so, although in the Government Order it is dated as 15.06.2015, it was communicated to the petitioner just one day prior to the counselling, namely, on 09.07.2015. The time limit is given in order to eliminate any irregularities with regard to the promotion to the Medical Officer. Furthermore, the Government Order, which is challenged in this Writ Petition, cannot by-pass the Rules of the Medical Council of India Regulation, 1998 mentioned therein. It is pertinent to point out that the period of deputation of service has also been ratified by the Government. Despite the said fact, the respondents fixed the date of counselling for Medical Oncology for the panel year 2014-2015 by the Director of Medical Education, on 10.07.2015. Therefore, the counselling called for by the respondents is liable to be set aside. 3. At this juncture, the learned Counsel appearing for the sixth respondent submitted that since the issue involved in this Writ Petition is a narrow campus, necessary direction may be given to the respondents to comply with the time limit by calling for objections from the eligible Medical Officers. 4. Mr. R. Andharaj, learned Government Advocate submitted that since the time is alone is the criteria in this Writ Petition, necessary direction may be given to the respondents to comply with time limit given in the aforementioned Government order. 5. Heard the submissions made by all and perused the materials available on record. 6. Before adverting to the matter, it is useful to extract the Government order dated 15.06.2015:- “4.
5. Heard the submissions made by all and perused the materials available on record. 6. Before adverting to the matter, it is useful to extract the Government order dated 15.06.2015:- “4. The Director of Medical Education is directed to communicate a copy of the order to all other Medical Officers in the cadres of Assistant Professor who are senior to the above Medical Officers mentioned in para 3 above by Registered post with specific instructions that appeal if any, shall be submitted through proper channel within two months from the date of issue of this order.” 6.1. Admittedly, in the case on hand, the first respondent has not complied with the G.O(D). No. 749 Health and Family Welfare (A1) Department, dated 15.06.2015. In the said Government Order, two months time is given to call for appeal, if any, from the eligible Medical Officers in the cadre of Assistant Professor. On the face of it, such course of action has not been done in this case. In the absence of compliance of the time limit, the conducting of counselling is not just and proper. In other words, the Government order issued by the first respondent dated 15.06.2015 is liable to be quashed and accordingly, it is quashed. Since the crucial issue in this Writ Petition is compliance of time limit mentioned in the afore-said Government Order and also in order to weed out the anomaly of seniority amongst the eligible Medical Officers, in the given situation, this Court deems it fit to issue the following directions:- (I) Instead of 60 days as stated in the Government Order, it is given 30 days time to call for appeal, if any, from the eligible medical officers, for the reason that the matter has been pending from 2015. Therefore, the first respondent is directed to issue suitable directions to all the Medical officers in the cadres of Assistant Professor with specific instructions that appeal, if any, shall be submitted through proper channel within a period of one month from the date of issue of this order. (II) On receipt of the objections received from all the eligible medical officers, appropriate orders shall be passed within a period of four weeks, thereafter.
(II) On receipt of the objections received from all the eligible medical officers, appropriate orders shall be passed within a period of four weeks, thereafter. (III) However, in future, two months, as stated in the Government Order, shall be granted to the Medical Officer who are aspirant of the post in question and call for appeal, if any, from them. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.