PADMA PRIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus, calling for the records relating to the order in Proceeding Letter No,55996/B1/08-4 dated 9.4.2009 of the Principal Secretary to Government, Health and Family Welfare (B1) Department, Secretariat, Chennai-600 009, the 1st respondent herein and quash the same and to direct the 1st respondent to accept the Resignation Application either dated 8.12.2008 or dated 13.3.2009 of the petitioner forthwith and relieve her immediately. The petitioner has come forward with this Petition seeking the relief of issuance of a WRIT of Certiorarified Mandamus, calling for the records relating to the order in Proceeding Letter No,55996/B1/08-4 dated 9.4.2009 of the Principal Secretary to Government, Health and Family Welfare (B1) Department, Secretariat, Chennai-600 009, the 1st respondent herein and quash the same and to direct the 1st respondent to accept the Resignation Application either dated 8.12.2008 or dated 13.3.2009 of the petitioner forthwith and relieve her immediately.

(2.) THE case of the petitioner is that the petitioner was selected by the Tamil Nadu Public Service Commission and appointed as Temporary Dental Assistant Surgeon vide G.O.(3D) No,45, Health Department, dated 3.10.1997 and posted as Assistant Surgeon (Dental) to work at the Government Hospital, Illayangudi, Sivagangai District as per the proceedings dated 8.10.1997 of the 2nd respondent. THE petitioner subsequently reposted at Kuzhithurai and joined duty on 27.11.1997 F.N. ad subsequently, transferred to Tamil Nadu Government Dental College and Hospital and worked there from June 2000 to April 2003. THEreafter posted as Assistant Surgeon (Dental) in Government Hospital, Nanguneri, Tirunelveli District.

(3.) THE 2nd respondent has sent the aforesaid particulars to the 1st respondent on 6.3.2009. THE Government in its order dated 11.3.2009 has rejected the application of the petitioner seeking for the relief of accepting her resignation on the ground that it cannot be accepted due to dearth of hands of Medical Officers in Government Hospitals. THEreafter, the petitioner submitted a letter dated 11.3.2009, once again reiterating her resignation for which, the 3rd respondent in his reply dated 12.3.2009 has directed the petitioner to report duty regularly as per Government Order dated 11.3.2009. THEreafter, the petitioner who had given a Bond to serve at Rural area for five years or to return the bond amount of Rs.25,000/- has returned the bond amount of Rs.25,000/- on 26.8.2003, which was accepted by the Principal of Tamil Nadu Government Dental College, Chennai-3 as per his letter dated 27.8.2003.