Madras High Court
State Of Tamil Nadu vs P.Thangasamy on 10 March, 2021
W.A.(MD)Nos.527 to 531 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.527 to 531 of 2021
and
C.M.P.(MD)Nos.2329 to 2333 of 2021
1.State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 009.
2.The Director of Public Health & Preventive Medicine,
O/o Public Health and Preventive Medicine,
DMS Compound, Teynampet,
Chennai – 600 006. : Appellants in all WAs
Vs.
P.Thangasamy : Respondent in WA(MD)527/2021
V.Marimuthu : Respondent in WA(MD)528/2021
S.K.Jeyachandran : Respondent in WA(MD)529/2021
R.Shunmugavel : Respondent in WA(MD)530/2021
R.Veeraputhiran : Respondent in WA(MD)531/2021
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W.A.(MD)Nos.527 to 531 of 2021
COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent as
against the common order dated 17.09.2020 made in W.P.(MD)Nos.11950, 11962,
11964, 11968, 11971 of 2020.
For Appellants : Mrs.J.Padmavathi Devi,
Special Government Pleader
For Respondents : Mr.M.Ajmal Khan,
Senior Counsel
for M/s.Ajmal Associates
[In all WAs]
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
As all these appeals arise out of a common order, involving common and
similar facts, they are taken up together and are accordingly disposed of by way of
this common judgment.
2. The respondents herein have filed the writ petitions forbearing the
appellants from proceeding with the promotion to the post of Technical Personal
Assistant (Grade I) without publishing the final seniority list and panel of Health
Supervisor to the promotional post of Technical Personal Assistant.
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W.A.(MD)Nos.527 to 531 of 2021
3. The sum and substance of the case, as projected by the respondents, is
that they are entitled for the benefit of the Government Order passed in G.O.
(Ms)No.278, Health and Family Welfare (L1) Department, dated 13.06.2019.
Taking note of the earlier round of litigation and the Government Order having
been passed, the learned Single Judge directed the appellants to look into the
matter and consider the objections of the respondents.
4. The learned Special Government Pleader appearing for the appellants
submitted that the same would be looked into, but, the aforesaid Government
Order may not have an application to the case of the respondents. Clause (iv) of
Paragraph No.15 of the said Government Order clearly states that any person
recruited subsequent to the date of the Government Order in G.O.(Ms)No.1507,
dated 16.08.1989, in which adhoc rules were framed for the post of Multipurpose
Health Supervisor, will not be eligible for the benefit.
5. The learned Senior Counsel appearing for the respondents submitted that
what is applicable to the case of the respondents is Clause (iii) of Paragraph No.15
of the Government Order passed in G.O.(Ms)No.278, Health and Family Welfare
(L1) Department, dated 13.06.2019, which reads as under:
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W.A.(MD)Nos.527 to 531 of 2021
“15. (iii). The Director of Public Health and Preventive Medicine is
also permitted to pass suitable orders to the eligible seniors who have not
filed Writ Petition before the Hon'ble Court after receiving representation
with sufficient supporting documents for their claims and verification of all
the records.”
6. We are not inclined to go into the application of the Government Order
passed in G.O.(Ms)No.278, Health and Family Welfare (L1) Department, dated
13.06.2019. What the learned Single Judge has done, is by merely asking the
appellants to look into the objections of the respondents. Law is quite settled that a
consent given on behalf of the appellants by the learned Government Pleader
would not be binding. When once the matter is placed before the authorities to
look into the issues afresh, it is for them to consider the same in the manner known
to law.
7. In such view of the matter, we do not find any reason to entertain this
appeal, except, we are clarifying that the appellants are expected to consider the
objections of the respondents in accordance with law, by taking into consideration
of the scope and application of the Government Order passed in G.O.(Ms)No.278,
Health and Family Welfare (L1) Department, dated 13.06.2019.
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W.A.(MD)Nos.527 to 531 of 2021
8. In fine, all the writ appeals stand disposed of. No costs. Consequently,
connected miscellaneous petitions stand closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 10.03.2021
gk
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W.A.(MD)Nos.527 to 531 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
W.A.(MD)Nos.527 to 531 of 2021
10.03.2021
http://www.judis.nic.in
