Madras High Court
S.Kamini vs The State Of Tamil Nadu on 4 February, 2021
W.A.No.147 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.147 of 2021
S.Kamini ... Appellant
Vs.
1. The State of Tamil Nadu
rep. by its Principal Secretary to Government
Health & Family Welfare Department
Fort St. George
Chennai 9.
2. The Director
Medical and Rural Health Services
Chennai 6. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 19.12.2019 made in W.P.No.9162 of 2013.
For Appellant : Mr.A.Mohamed Ismail
For Respondents : Ms.R.J.Radhika, Govt. Advocate
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.147 of 2021
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The writ petitioner is in appeal upon the petition being dismissed
on merits by a judgment and order of December 19, 2019.
2. The writ petitioner was appointed as a Staff Nurse in the
Health and Family Welfare Department and was ultimately promoted
as a Nursing Superintendent Grade III in 2007. The writ petitioner was
also short-listed for further promotion, but was unable to obtain it
within reasonable time. At a time when the writ petitioner reasonably
expected that she would be short-listed for the promotional post, a
Government Order intervened by way of G.O.Ms.No.395 dated October
14, 2010.
3. As a consequence of such Government Order, the pay
anomaly between the pay scales of Nursing Superintendent Grade III
and Grade II was removed and the two scales were merged. Nursing
Superintendents in Grade III, who were in the pay scale of 9300-
34800+GP 4450, on merger would obtain 9300-34800+GP 4700. The
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.147 of 2021
writ petitioner, doubtless, gained as a consequence of the relevant
Government Order. At the same time, the promotion that the writ
petitioner legitimately expected was ruled out since the two grades
stood merged.
4. According to the writ petitioner, there was a 3% pay benefit
that the writ petitioner would have obtained under the previous
Government Order that the writ petitioner perceived to have been
denied to her. The writ petition was confined to such aspect of the
matter: that the writ petitioner should be granted the 3% benefit in
pay. It is of significance that the writ petitioner did not challenge the
relevant Government Order of October 14, 2010.
5. On the one hand, the writ petitioner sought to obtain the
benefit under the relevant Government Order and, thereafter, the
petitioner wanted the percentage rise in pay that the writ petitioner
would have been entitled to if the Government Order of October 14,
2010 had not intervened and the writ petitioner continued to be
governed by the previous notification of the year 2009. It was the case
of the writ petitioner wanting to both have the cake and eat it too.
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.147 of 2021
Once the writ petitioner is found not to have questioned the propriety
of the Government Order of October 14, 2020 or challenged the same
in any manner or form, the writ petitioner could not be permitted to
raise any grievance in respect of what naturally was the consequence
of such order.
6. The writ petition has been appropriately dismissed after taking
relevant considerations into account. There cannot be any scope for
the writ petitioner to feel aggrieved thereby, particularly in the context
of the limited challenge that the writ petition fashioned. The order
impugned calls for no interference.
W.A.No.147 of 2021 is dismissed, without any order as to costs.
(S.B., CJ.) (S.K.R., J.)
04.02.2021
Index : Yes/No
kpl
To
1. The Principal Secretary to Government
Health & Family Welfare Department
Fort St. George, Chennai 9.
2. The Director
Medical and Rural Health Services
Chennai 6.
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.147 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(kpl)
W.A.No.147 of 2021
04.02.2021
__________
https://www.mhc.tn.gov.in/judis/
