Madras High Court
Represented By Its Secretary vs The Gandhigram Institute Of on 11 December, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
and
W.M.P.(MD).Nos.6177 and 6178 of 2017
W.A.(MD).No.307 of 2017
The Staff Welfare Association of Gandhigram
Institute of Rural Health and Family Welfare,
Ambathurai,
Dindigul,
Regn.No.63/1978
Represented by its Secretary. .. Appellant/Petitioner
Vs.
1.The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Represented by its Chairman,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
2.The Union of India,
Represented by its Secretary to Government,
Ministry of Health and Family Welfare,
Nirman Bhavan,
New Delhi.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
3.The Secretary to Government,
Health and Family Welfare Department,
Government of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
4.The Director of Public Health and
Preventive Medicine,
Teynampet,
Chennai.
5.The District Collector,
Dindigul District.
6.The Senior Regional Director,
Regional Office for Health and Family Welfare,
A2A Rajaji Nagar,
Besant Nagar,
Chennai – 600 020.
7.Dr.S.Seethalakshmi,
The Director (Incharge),
The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District. .. Respondents 1 to 7/
Respondents 1 to 7
8.K.Vellaithurai .. 8th Respondent
(R-8 impleaded vide Court order dated 11.12.2023 in C.M.P.(MD).No.1747
of 2020 in W.A.(MD).No.307 of 2017)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order passed by this Court in W.P.(MD).No.14822 of 2015
dated 21.02.2017 by allowing the above Writ Appeal.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
For Appellant : Mr.Ramsundar Vijayaraj
for M/s.Veera Associates
For R-1 : Mr.V.Vijay Shankar
For R-2 : Mr.V.Malaiyendran
Central Government Standing Counsel
For R-3 to R-6 : Mr.M.Lingadurai
Special Government Pleader
For R-7 : Mr.R.Murali
For R-8 : Mr.G.Prabhu Rajadurai
W.A.(MD).No.308 of 2017
The Staff Welfare Association of Gandhigram
Institute of Rural Health and Family Welfare,
Ambathurai,
Dindigul,
Regn.No.63/1978
Represented by its Chairman. .. Appellant/Petitioner
Vs.
1.The Union of India,
Represented by its Secretary to Government,
Ministry of Health and Family Welfare,
Nirman Bhavan,
New Delhi.
2.The Secretary to Government,
Health and Family Welfare Department,
Government of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
3.The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Represented by its Chairman,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
4.The Director of Public Health and
Preventive Medicine,
Teynampet,
Chennai.
5.The District Collector,
Dindigul District.
6.The Senior Regional Director,
Regional Office for Health and Family Welfare,
A2A Rajaji Nagar,
Besant Nagar,
Chennai – 600 090.
7.Sheela Rani Sungath,
Chairman to the Board of Trustees,
Gandhigram Institute of Rural
Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
8.Dr.S.Seethalakshmi,
The Director,
The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District. .. Respondents 1 to 8/
Respondents 1 to 8
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order passed by this Court in W.P.(MD).No.12758 of 2016
dated 21.02.2017 by allowing the above Writ Appeal.
For Appellant : Mr.Ramsundar Vijayaraj
for M/s.Veera Associates
For R-1 : Mr.V.Malaiyendran
Central Government Standing Counsel
For R-3 & R-7 : Mr.V.Vijay Shankar
For R-2,R-4 to R-6: Mr.M.Lingadurai
Special Government Pleader
For R-8 : Mr.R.Murali
W.P.(MD).No.7990 of 2017
Dr.S.Chelladurai .. Petitioner
Vs.
1.The Union of India,
Represented by its Secretary to Government,
Ministry of Health and Family Welfare,
Nirman Bhavan,
New Delhi.
2.The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Represented by its Chairman,
Soundaram Nagar,
Gandhigram Post, Dindigul District.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
3.M.R.Rajagopalan,
Board of Trustee Member and
Executive Committee Chairman,
Gandhigram Institute of Rural
Health and Family Welfare Trust,
Soundernagar,
Gandhigram Post – 624 302,
Dindigul District.
4.K.Sivakumar,
Board of Trustee Member and
Finance Committee Chairman,
Gandhigram Institute of Rural
Health and Family Welfare Trust,
Soundernagar,
Gandhigram Post – 624 302,
Dindigul District.
5.Dr.S.Seethalakshmi,
The Director,
The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Certiorarified Mandamus, calling for the records
pertaining the order of appointment issued by the third respondent herein in
his proceedings, in Ref No.GRIH/ESTT/2016-17/0106 dated 02.05.2016
and quash the same and consequently direct the respondents herein to
appoint the petitioner as a Director of the third respondent Institute.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
For Petitioner : Mr.Ramsundar Vijayaraj
for M/s.Veera Associates
For R-1 : Mr.V.Malaiyendran
Central Government Standing Counsel
For R-2 & R-5 : Mr.V.Vijay Shankar
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The Writ Appeals have been instituted against the common order
dated 21.02.2017 passed in W.P.(MD).Nos.14822 of 2015 and 12758 of
2016.
2. A Writ of Quo Warranto has been instituted in W.P.(MD).No.14822
of 2015 against Dr.S.Seethalakshmi, who is holding the post of Director of
the Gandhigram Institute of Rural Health and Family Welfare Trust as of
now. W.P.(MD).No.12758 of 2016 has been been instituted challenging the
resolution of the Trust dated 15.09.2015, amending the Service Rules in
favour of Dr.S.Seethalakshmi.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
3. Though the maintainability of the Writ Petition under Article 226
of the Constitution of India is a question, we leave it open, since the learned
counsel appearing on behalf of the Gandhigram Institute of Rural Health
and Family Welfare Trust made an undertaking that the process of selection
for appointment to the post of Director would be completed within a period
of six months.
4. The respective learned counsels appearing on behalf of the
appellant/Staff Welfare Association mainly contended that the amended
Rules applicable for appointment to the post of Director is illegal and more
so, Dr.S.Seethalakshmi is not an eligible candidate to hold the post of
Director. It is further contended that the said candidate is now aged about
66 years and the age of retirement as per the Rules for the post of Director is
59 years.
5. We are not inclined to go into the merits of the case in view of the
undertaking given by the learned counsel for the Gandhigram Institute of
Rural Health and Family Welfare Trust, Mr.V.Vijay Shankar.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
6. The learned counsel, Mr.V.Vijay Shankar, made a submission that
the Institute is actively searching for a potential candidate to hold the post
of Director of the Institute and they will complete the process within a
period of six (6) months by issuing notification or by considering the names
of eligible in-service candidates or otherwise.
7. In view of the facts and circumstances, the first
respondent/Gandhigram Institute of Rural Health and Family Welfare Trust
represented by its Chairman, is directed to commence the process of
appointment to the post of Director immediately and complete the same on
or before 30th June, 2024. It is made clear that the first respondent is not
entitled to seek any further extension of time to complete the process of
appointment to the post of Director. Even in case the first respondent has
failed to fill up the post of Director on or before 30th June, 2024, the present
incumbent, Dr.S.Seethalakshmi is directed to be relieved from the post on
29.06.2024 and she is not entitled for further continuance.
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W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
8. Accordingly, the Writ Appeals and the Writ Petition are disposed
of. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
(S.M.S.,J.) (V.L.N.,J.)
11.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
1.The Secretary to Government,
The Union of India,
Ministry of Health and Family Welfare,
Nirman Bhavan, New Delhi.
2.The Secretary to Government,
Health and Family Welfare Department,
Government of Tamil Nadu,
Fort St.George, Chennai – 600 009.
3.The Director of Public Health and
Preventive Medicine,
Teynampet, Chennai.
4.The District Collector,
Dindigul District.
5.The Senior Regional Director,
Regional Office for Health and Family Welfare,
A2A Rajaji Nagar,
Besant Nagar,
Chennai – 600 020.
https://www.mhc.tn.gov.in/judis
W.A.(MD).Nos.307, 308 of 2017 and W.P.(MD).No.7990 of 2017
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).Nos.307, 308 of 2017
and
11.12.2023
https://www.mhc.tn.gov.in/judis
