A VIRUTHAGRISWARAN Vs. PRINCIPAL SECRETARY AND DIRECTOR OF INDIAN MEDICINE AND HOMEOPATHY; PRINCIPAL - IN-CHARGE, GOVERNMENT HOMEOPATHY; DIRECTOR, DIRECTORATE OF MEDICAL AND RURAL HEALTH SERVICES

JUDGEMENT

(1.) The petitioner, now working as Assistant in the Office of the Deputy Director of Medical Services (Leprosy), Nagapattinam, has filed the present Writ Petition for a Mandamus, directing the Director of Medical and Rural Health Services, Chennai / the third respondent herein, to include his name in the approved promotion list for the post of Office Superintendent for the year 2011- 2012. According to him, a panel for the post of Office Superintendent for the year 2011-2012 was published on 30.12.2011. The crucial date for drawal of the approved list of the Office Superintendent is 15.03.2011. It is his further contention that as on 15.03.2011, no charge memo was served or pending against him, however, on 19.01.2012, a charge memorandum, dated 10.01.2012, issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1904, was served on him. He has filed W.P.(MD).No.1460 of 2012, challenging the charge memorandum and that it is pending.

(2.) Mr.S.Muthalraj, learned counsel for the petitioner contended that when the Director of Medical and Rural Health Services, Chennai / the third respondent herein, published the panel, dated 30.12.2011, for the post of Office Superintendent for the year 2011-2012, no charge memorandum was pending or served against the petitioner and hence, the case of the petitioner ought to have been considered for inclusion in the abovesaid panel. Reliance has also been placed on the orders of this Court in W.P.(MD)No.3411 of 2006, dated 06.02.2009 and a common order passed in Contempt Petition (MD).No.464 of 2010, and Review Application (MD) No.63 of 2010, dated 15.02.2013, arising out of the order made in W.P.(MD)No.3411 of 2006.

(3.) Heard the learned counsel for the petitioner and perused the materials available on record.