Madras High Court
D.Immanuel vs The State Of Tamil Nadu on 1 August, 2024
WP(MD) No.18061 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.18061 of 2024
D.Immanuel ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai - 600 009.
2. The Director (Personnel),
Department of Public Health and Preventive Medicine,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3. The Mission Director,
State Health Society,
Department of Public Health and Preventive Medicine,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
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WP(MD) No.18061 of 2024
4. The Director,
Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
5. The Medical Services Recruitment Board,
Rep. by its Member Secretary,
7th Floor, DMS Building, 359, Anna Salai,
Chennai - 600 006.
6. The Deputy Director of Public Health,
Department of Public Health and Preventive Medicine,
Kanyakumari District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents No.1 to 5 herein to regularize the service of the petitioner as
Pharmacists as per G.O.Ms.No.335, dated 12.11.2015 in light of the
judgments in W.P.Nos.14122, 35833 of 2023 and 8227, 15628 and
19707 of 2024, dated 15.07.2024 rendered by this Court
For Petitioner : Ms.E.L.Shalini
For Respondents : Mr.N.Ramesh Arumugam
Government Advocate
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WP(MD) No.18061 of 2024
ORDER
The petitioner has filed this writ petition to direct the
respondents to regularise the service of the petitioner as Pharmacists in
pursuant to G.O.(Ms)No.335, dated 12.11.2015 and in the light of
W.P.Nos.14122, 35833 of 2023 etc., batch, dated 15.07.2024.
2. Heard Ms.E.L.Shalini, learned counsel appearing for the
petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate
appearing for the respondents.
3. By consent of both parties, this writ petition is taken up
for final disposal at the stage of admission itself.
4. The petitioner has been appointed under Rashtriya Bal
Swasthya Karyakram (RBSK) Scheme of the Government of India. The
Government Order in G.O.(Ms)No.123, dated 09.05.2024 has been
passed in order to implement the object of the scheme. The scheme has
got the objectives of the early detection and management of defects of
birth, diseases in children, deficiency conditions and developmental
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delay including disabilities of children. So in pursuant to the above
Government Order, the petitioner was appointed on contract basis on
02.09.2015 on a consolidated pay of Rs.10,000/-. However, subsequent
Government Order has been passed in G.O.(Ms)No.335, dated
12.11.2015 to regularise the services of the petitioners and similarly
places persons in the event of their completion of 2 years of service by
absorbing them in the regular time scale vacancies in Primary Health
Centre, as and when the vacancy arises if there is no vacancy then for
the person so appointed will continue to be engaged on consolidated
basis, till such time the vacancy would arise.
5. Similarly placed persons have already filed various Writ
Petitions in W.P.Nos.14122 of 20223 etc., batch, and in which, an order
has been passed by the Bench on 15.07.2024 as under :
“9. Thus, it is clear that only after
regularisation of the persons who were appointed
under RBSK scheme, the other recruitments to be
made. Further even as per the counter, there are more
than 900 Pharmacist posts are vacant under various
Primary, Secondary and Tertiary Care Institutions.
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Therefore, the selected candidates under the
notification of the year 2022 issued by the Medical
Service Recruitment Board filed implead petition and
objected the direction sought for by the petitioners on
the ground that already they were selected and also
issued appointment orders. They are yet to join.
10. Considering the above facts and
circumstances of the case, the respondents are
directed to regularise the service of the petitioners in
the regular vacancies in the post of Pharmacist as per
the G.O.Ms.No.335, dated 12.11.2015 within a period
of eight weeks from the date of receipt of a copy of
this order, without disturbing the candidates who are
selected as per the notification of the year 2022.”
6. Since the petitioner is also similarly placed person as that
of the petitioners in the above writ petitions, the petitioner is also
entitled to get the similar relief.
7. In view of the above discussion, the writ petition is
allowed and the second respondent is directed to regularise the service
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of the petitioner in the regular vacancies in the post of Pharmacist in
terms of as per the G.O.Ms.No.335, dated 12.11.2015 within a period of
eight weeks from the date of receipt of a copy of this order, without
disturbing the candidates, who are already selected as per the
notification of the year 2022. No costs.
01.08.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
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To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department,
Fort St. George, Chennai - 600 009.
2. The Director (Personnel),
Department of Public Health and Preventive Medicine,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
3. The Mission Director,
State Health Society,
Department of Public Health and Preventive Medicine,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
4. The Director,
Directorate of Medical and Rural Health Service,
No.359, DMS Complex, 361, Anna Salai,
Chennai - 600 006.
5. The Medical Services Recruitment Board,
Rep. by its Member Secretary,
7th Floor, DMS Building, 359, Anna Salai,
Chennai - 600 006.
6. The Deputy Director of Public Health,
Department of Public Health and Preventive Medicine,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
RM
Order made in
01.08.2024
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