V.EZHIL SUNDAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) HEARD Mr.D.R.Sivakumar, learned counsel appearing for the petitioner and Mr.A.Navaneetha Krishnan, learned Advocate General assisted by Mr.R.Govindasamy, learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner, who is now working as an Assistant Surgeon in Erode Government Hospital seeks to challenge the Circular dated 21.01.2013 issued by the second respondent viz., Directorate of Medical Education. Pursuant to the letter received from the State Government dated 18.01.2013, the second respondent decided to conduct transfer counselling to fill up vacant post of Medical Officers in the cadre of Tutors/Senior Residents/Assistant Professors in various Medical College and Hospitals under the control of Directorate of Medical Education. The Government also granted relaxation from the eligibility condition of serving minimum period of one year in the present station. Pursuant to the permission granted by the State Government, by the impugned Circular, it was informed that the Medical Officers who are willing to participate in the counselling should send particulars on or before 28.01.2013. In the instructions for the Transfer Counselling, it was stated that PG qualified Medical officers (DM/M.Ch/MD/MS/Diploma) will be considered only for that concerned speciality. The counselling will be conducted as per the seniority viz., Medical Officers from Chennai city will be on the CML Seniority and Medical Officers from Mofussil will be on Station Seniority. The counselling was fixed on 06.02.2013. It is at this juncture the petitioner has filed the writ petition.

(3.) THE learned Advocate General appearing for the Directorate of Medical Education informed that the entire counselling process is based upon the Government Order issued in G.O.(2D)No.131, Health and Family Welfare Department, dated 20.11.2007. By the said GO, revised guidelines were issued with reference to the transfer counselling. In the Annexure to the said Government Order, the periodicity of counselling is set out, which is as follows:-