Madras High Court
S.Mariyadasan vs The State Of Tamil Nadu on 6 January, 2021
W.P.Nos.438 to 441 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.Nos.438 to 441 of 2014
S.Mariyadasan ...Petitioner in W.P.No.438 of 2014
T.V.Kannan ...Petitioner in W.P.No.439 of 2014
A.Sundaram ...Petitioner in W.P.No.440 of 2014
P.Arumuga Thevar ...Petitioner in W.P.No.441 of 2014
Vs
1. The State of Tamil Nadu,
Rep.by its Secretary to Government,
Health and Family Welfare Department,
Chennai - 9.
2. The Director of Public Health and Preventive Medicine,
D.M.S.Compound,
Chennai - 6.
... Respondents in all WPs
Common Prayer: These Writ Petitions filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to retrospectively promote the Petitioner(s) in the cadre of
Health Inspector with effect from 01.05.1975, 01.02.1974, 01.07.1972 and
01.10.1982 respectively and consequently regularize their services in the
above post with all monetary benefits by extending the benefits of
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W.P.Nos.438 to 441 of 2014
G.O.(D)No.359 Health and Family Welfare Department dated 26.04.2004
which is covered under order dated 13.07.2007 in W.P.No.29794 of 2005,
etc.
For Petitioner : Mr.Prem Narayanan in all WPs.
For Respondents : Mr.S.Thangavel, Spl.GP in all WPs
COMMON ORDER
The petitioners have come up with these writ petitions seeking a
direction to the respondents to retrospectively promote the Petitioner(s) in
the cadre of Health Inspector with effect from 01.05.1975, 01.02.1974,
01.07.1972 and 01.10.1982 respectively and consequently regularise their
services in the said post with all monetary benefits by extending the benefit
of G.O.(D)No.359 Health and Family Welfare (N2) Department dated
26.04.2004, which is covered under order dated 13.07.2007 in
W.P.No.29794 of 2005 etc. batch.
2.According to the learned counsel for the petitioners, the petitioners
were appointed as Basic Health Worker / Surveilance Worker / Vaccinator
on 14.10.1965, 14.10.1965, 06.08.1963 and 20.02.1973 respectively and
subsequently, their services were regularised. They completed the Sanitary
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W.P.Nos.438 to 441 of 2014
Inspector Course in the year 1975, 1974, 1972 and 1975 respectively and
they were eligible to be promoted to the post of Health Inspector based on
seniority. However, they were promoted to the said post, after a prolonged
period and thereafter, were re-designated as Health Inspector Grade-I. The
learned counsel further submitted that by order dated 04.12.1997 passed in
OA.No.7622 of 1997, the Tribunal directed the Government to regularise
the services of the applicant (A.Ramalingam) in the post of Health Inspector
with effect from 01.07.1970. The said order was challenged by the
Government by filing writ petition and SLP, which ultimately, ended in
dismissal. Consequently, they implemented the said order vide
G.O.(D).No.359, Health and Family Welfare (N2) Department, dated
26.04.2004. Seeking to extend the said benefit, similarly placed persons
filed WP.No.29794 of 2005 etc. batch, which were ordered, by the Division
Bench of this Court, on 13.07.2007, the operative portion of which reads as
under:
“10.In the light of the above, the respondents are directed
to to consider the cases of the petitioners with regard to
regularisation of their services with retrospective effect and
thereafter, giving promotion as per the seniority list prepared by
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W.P.Nos.438 to 441 of 2014
the Government by virtue of proceedings dated 05.3.1996 and
the order of Tribunal dated 10.8.2001 and also the
consequential G.O. (D) No.359 Health and Family Welfare (N2)
Department dated 26.4.2004, within a period of 12 weeks from
the date of receipt of a copy of this order.
11. It is brought to our notice that some of the writ
petitioners have retired from service after attaining the age of
superannuation. If that is so, they are entitled for regularization
from the date they have acquired qualification and
consequential monetary benefits and the respondents are
directed to pay the same to them within the stipulated period.”
Therefore, the learned counsel prayed for similar order in these writ
petitions as well.
3.The learned Special Government Pleader appearing for the
respondents fairly submitted that during the pendency these writ petitions,
Civil Appeal No.6660 of 2011 etc batch, filed by the respondent authorities
against the decision of the Division Bench dated 13.07.2007 were
ultimately, dismissed. Thus, according to the learned Special Government
Pleader, the respondents would consider the claim of the petitioners herein
and pass orders, in accordance with law, within a time frame to be stipulated
by this Court.
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W.P.Nos.438 to 441 of 2014
4.Considering the facts and circumstances of the case and having
regard to the submissions now made by the learned counsel on either side
and also following the earlier decision of the Division Bench (cited supra),
this Court directs the petitioners to give fresh representations to the second
respondent furnishing details as to when they acquired the necessary
qualification with supporting documents, within a period of three weeks
from the date of receipt of a copy of this order. On receipt of such
representations, the second respondent shall consider the same in the light
of the judgment of the Division Bench referred to above and pass
appropriate orders, in accordance with law, within a period of eight weeks
thereafter.
5.Accordingly, all the writ petitions stand disposed of. No costs.
06.01.2021
Index : yes/no
Internet : yes/no
av
https://www.mhc.tn.gov.in/judis/
W.P.Nos.438 to 441 of 2014
R.MAHADEVAN, J.
av
To
1. The Secretary to Government,
The State of Tamil Nadu,
Health and Family Welfare Department,
Chennai - 9.
2. The Director of Public Health and Preventive Medicine,
D.M.S.Compound,
Chennai - 6.
W.P.Nos.438 to 441 of 2014
06.01.2021
https://www.mhc.tn.gov.in/judis/
