Madras High Court
S.Subramanian vs The Secretary To The Government Of ... on 3 February, 2021
W.P.No.2128 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.2128 of 2021
S.Subramanian .. Petitioner
Vs.
1.The Secretary to the Government of Tamil Nadu
Health and Family Welfare Department
Fort St. George, Chennai - 9
2.The Director of Public Health and
Preventive Medicine
Teynampet, Chennai - 6 .. Respondents
***
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the 2nd respondent to
consider petitioner's representation dated 20.02.2020 and include
petitioner's name for promotion to the post of Non Medical Supervisor
(NMS)/Block Health Supervisor (BHS) in Tamil Nadu Public Health
Subordinate Service in the panel for the year 2019-2020 issued in R.
No.3232/MP.IV/S1/2019 dated 14.02.2020 and to accommodate the
petitioner as Non Medical Supervisor (NMS)/Block Health Supervisor
(BHS) in Erode Health Unit District as per his seniority and option form
submitted by the petitioner.
***
For Petitioner : Mr.M.Saravanakumar
For R1 and R2 : Mr.R.A.Senthilvel,
Additional Government Pleader
ORDER
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The petitioner has come forward with this writ petition for a
mandamus, to direct the 2nd respondent to consider petitioner's
representation dated 20.02.2020 and include petitioner's name for
promotion to the post of Non Medical Supervisor (NMS)/Block Health
Supervisor (BHS) in Tamil Nadu Public Health Subordinate Service in
the panel for the year 2019 - 2020 issued in R. No.3232/MP.IV/S1/2019
dated 14.02.2020 and to accommodate the petitioner as Non Medical
Supervisor (NMS)/Block Health Supervisor (BHS) in Erode Health Unit
District, as per his seniority and the option form submitted by the
petitioner.
2. The case of the petitioner is that he was appointed as Leprosy
Inspector and thereafter, he was promoted as Health Inspector and the
respondents issued the State vide seniority and fixed the petitioner's
seniority in Seniority No.5918 as per the judgment of the Hon'ble Apex
Court. He further submitted that the second respondent issued a panel
in his
has been working as Deputy Superintendent of Police from 2017
onwards and he has not been given selection grade scale with effect
from 2016. His batch-mates were given due selection grade pay. On
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W.P.No.2128 of 2021
the contrary, he was not given selection grade irrespective his
representations, including the last representation dated 20.10.2020.
Hence, he has filed the present writ petition to dispose of his
representation dated 20.10.2020.
3. Heard both sides and perused the materials placed before this
Court in the form of typed set of papers.
4. Considering the limited scope of the prayer and the facts and
circumstances of the case, this Court, without expressing any opinion
on the merits of the case, directs the third respondent, to consider the
representation of the petitioner and pass orders, by affording an
opportunity of hearing to the petitioner, within a period of two months
from the date of receipt of a copy of this order.
5. The petitioner shall furnish his/her phone number, email ID, if
any, etc., along with a copy of the representation dated 20.10.2020 and
this order, to the third respondent forthwith. The third respondent is
directed to communicate the decision taken on the representation, to
the petitioner within a period of three weeks from the date of decision
taken thereon, by way of SMS/Email/registered post/speed post, so
that there is no need for the petitioner to file contempt after expiry of
the specified period. In case the authority concerned fail to send
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W.P.No.2128 of 2021
communication to the petitioner, he/she will have to face the civil
imprisonment in case of contempt proceedings and, if he/she is unable
to serve the order and the cover being returned un-served for one
reason or the other, the same shall be kept in the file without opening
it for the proof of attempt of delivery, so that the petitioner, at a later
point of time, will not take a plea that he is not aware of the order.
6. With the above directions, the Writ Petition is disposed of. No
costs.
03.02.2021
Asr
S.VAIDYANATHAN, J.
asr
To
1.The Chief Director General of Police
Mylapore, Chennai
2.The Secretary
Department of Home Affairs
St. Fort George
Secretariat, Chennai - 600 001
3.Deputy Inspector General of Police
Salem Range, Salem District
4.Deputy Inspector General of Police
Tirunelveli Range, Tirunelveli District.
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W.P.No.2128 of 2021
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