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2011 Supreme(Mad) 1760

S.MANIKUMAR
S. S. Abdul Khuddus Azami – Appellant
Versus
Principal Secretary to Government, Health and Family Welfare Department – Respondent


Advocates Appeared:
For the Petitioner:K. Rajkumar, Advocate. For the Respondents: G. Sankaran, Spl. GA (Edn.).

Judgment :-

1. After acquiring a Bachelor Degree in Unani Medicine and Surgery and selected to the post of Assistant Medical Officer by TNPSC and by an order, dated 17.03.1996 of the Director of Indian Medicine, Homeopathy, the petitioner joined the Department of Indian Medicine of Homepathy as Assistant Lecturer in Government Unani Medical College, Arignar Anna Government Hospital of Indian Medicine, Chennai. He has rendered 24 years of service, without earning any promotion and that he was due to retire on 31.05.2010, on attaining the age of superannuation. The Government, after considering the request of the petitioner for relaxation of the relevant rules, regarinding passing 'Tamil' as Second Language Test, has rejected the same, vide order in G.O.(2D)No.49, Health and Family Welfare Department, dated 29.05.2010 and consequently, removed the petitioner from service, as per Rule 12A of the General Rules for Tamil Nadu State and Subordinate Service Rules. The said order is challenged in this writ petition.

2. Assailing the correctness of the impugned order, Mr.K.Rajkumar, learned counsel for the petitioner submitted that when the Government have issued G.O.Ms.No.118, Indian Medicin








































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