Madras High Court
N.Balakrishnan vs The State Of Tamil Nadu on 17 July, 2023
W.P.Nos.10938 to 10969 of 2015 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.10938 to 10969, 11544 to 11550,
and 26058 to 26074 of 2015
W.P.No.10938 of 2015:-
N.Balakrishnan ...Petitioner
-Vs-
1. The State of Tamil Nadu
Rep by its Secretary to Government,
Health & Family Welfare Department,
Fort St. George,
Chennai – 600 009.
2. The Director of Public Health,
& Preventive Medicine,
DMS Compound,
Chennai – 600 006. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to
retrospectively promote the petitioner in the cadre of Health Inspector
with effect from 01.10.1982 and consequently, regularise his service in
the above post with all monetary benefits by extending the benefits of
G.O.(D) No.359 Health & Family Welfare Department dated 26.04.2004
which is covered under Order dated 13.07.2007 in W.P.No.29794 of
https://www.mhc.tn.gov.in/judis
W.P.Nos.10938 to 10969 of 2015 etc.
2005 etc and confirmed by the Hon'ble Supreme Court of India in Civil
Appeal No.6660 of 2011 and batch dated 25.02.2012.
In all W.Ps.
For Petitioner : Mr.R.Prem Narayan
For Respondents : Mr.M.P.Murugan Raja
Government Advocate.
COMMON ORDER
These writ petitions have been filed seeking for issuance of
Writ of Mandamus directing the respondents to retrospectively promote
the petitioners in the cadre of Health Inspector with effect from the date
on which the Petitioners' juniors/counter-parts have been granted
monetary benefits and consequently, regularize their services in the
above post with all monetary benefits by extending the benefits of
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., batch and confirmed by the Hon'ble
Supreme Court of India in Civil Appeal Nos.6660 of 2011 etc., batch,
dated 25.02.2015.
https://www.mhc.tn.gov.in/judis
W.P.Nos.10938 to 10969 of 2015 etc.
2. As the issue involved in all these writ petitions is one and
the same, they are taken up for disposal by a common order.
3. When the matter is taken up for hearing, it is submitted by
the learned counsel for the petitioners that the petitioners have restricted
their claim regarding the promotion, which has to be considered by the
authorities in terms of G.O.(D).No.359 Health and Family Welfare
Department dated 26.04.2004, if it is applicable. He further submitted
that the similar prayer sought for by other petitioners had already been
considered by this Court on 26.08.2019 in WP.Nos.18659 to 18672 of
2015. He also submitted that the authorities may be directed to consider
the request of the petitioners, and take a decision within a period of four
weeks from the date of receipt of a copy of this order, as the writ
petitions are pending from the year 2015.
4. Since the prayer sought for in these writ petitions has been
restricted, in view of the Government Order in G.O.(D).No.359 Health
and Family Welfare Department, dated 26.04.2004 and also in the light
of the order of a Division Bench of this Court dated 13.07.2007 made in
https://www.mhc.tn.gov.in/judis
W.P.Nos.10938 to 10969 of 2015 etc.
W.P.Nos.29794 of 2005, etc., batch and the judgment dated 25.02.2015
passed by the Hon'ble Supreme Court of India in Civil Appeal Nos.6660
of 2011 etc., batch, the Respondents herein shall consider the
representation made by the Petitioners herein and pass appropriate orders
on the same within a period of twelve (12) weeks from the date of receipt
of a copy of this Order, if the representation had already not been
disposed of.
5. Accordingly, all these Writ Petitions are disposed of. There
shall be no order as to cost.
17.07.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.Nos.10938 to 10969 of 2015 etc.
To
1. The Secretary to Government,
State of Tamil Nadu
Health & Family Welfare Department,
Fort St. George,
Chennai – 600 009.
2. The Director of Public Health,
& Preventive Medicine,
DMS Compound,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
W.P.Nos.10938 to 10969 of 2015 etc.
G.K.ILANTHIRAIYAN. J,
rts
W.P.Nos.10938 to 10969, 11544 to 11550,
and 26058 to 26074 of 2015
17.07.2023
https://www.mhc.tn.gov.in/judis
