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P. B. BALAJI
Dr. E. S. Amarnath – Appellant
Versus
State of Tamil Nadu Rep by its Principal Secretary to Government Health and Family Welfare Department Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order issue in Ref.No.4053/E3/4/2019 dated 04.11.2019 and the subsequent impugned fitment transfer and posting order in Ref.No.4053/E3/4/2019 dated 15.11.2019 issued by the 2nd respondent as well as the consequential relieving order in Ref.No.15681/E2/2019 dated .11.2019 (served on 21.11.2019) issued by the 3rd respondent and to quash the same in so far as the petitioner and the 4th respondent concerned and consequently directing the respondents 1 and 3 to give posting order to the petitioner to the post of Tutor in ENT speciality, Chengalpattu Medical College.)
1. The petitioner challenges an order dated 04.11.2019 and subsequent fitment transfer and posting order dated 15.11.2019 and the relieving order dated Nil November 2019 and to consequently direct the respondents 1 to 3 to give posting to the petitioner to the post of Tutor in ENT Speciality, Chengalpet Medical College.
2. The case of the petitioner is that he completed his MBBS and P.G.Diploma in ENT. He was appointed as Assistant Surgeon in th
The central legal point established in the judgment is the requirement to consider a petitioner's necessary qualification and unjustified posting when making fitment transfer and posting orders.
The discretionary power of the State Government in filling up vacancies, the lack of right to claim anticipated vacancies, and the role of the State as a model employer were central legal principles ....
Court ruled that dismissal of petitioner's application without considering vital documents regarding post equivalency and qualifications was improper, necessitating a reassessment of the case.
Transfer of government servants is governed by exigencies of service, and individuals cannot claim specific postings, especially regarding teaching designations without meeting established criteria.
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