Madras High Court
M.Arunkumar vs The Director on 3 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.29080 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.29080 of 2024
and
W.M.P.No.31734 of 2024
M.Arunkumar,
Hospital Worker,
Government Primary Health Centre,
Nandhivaram, Chengalpattu District. .. Petitioner
Vs.
1.The Director,
Directorate of Public Health and Preventive Medicine,
Teynampet, Chennai – 600 006.
2.The Joint Director (Administration),
Directorate of Public Health and Preventive Medicine,
Teynampet, Chennai – 600 006.
3.The Deputy Director of Health Services,
Saidapet,
Chennai – 600 015. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus to call for the records
of the 1st respondent dated 07.01.2022 passed in R.No.96226/E4/S3/2021
and quash the same and consequently direct the 1 st respondent to appoint
the petitioner in the post of Junior Assistant with retrospective effect from
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.29080 of 2024
the date of appointment along with all backwages, continuity of service
and other benefit.
For petitioner : Mr.V.S.Senthil Kumar
For Respondents : Mr.M.Bindran
Additional Government Pleader
ORDER
This writ petition has been filed challenging the proceedings of the
1st respondent dated 07.01.2022 and for a consequential direction to the
1st respondent to appoint the petitioner in the post of Junior Assistant with
retrospective effect from the date of his appointment along with all
attendant benefits.
2.Heard the learned counsel for the petitioner and the learned
Additional Government Pleader for the respondents.
3.The father of the petitioner was employed as Night Watchman in
the respondent department. He died in harness on 02.09.2003 while he
was in service at Government Primary Health Centre, Sadras,
Thirukazhukundram Block. The petitioner submitted an application
https://www.mhc.tn.gov.in/judis
seeking for compassionate appointment and the 3rd respondent through
proceedings dated 18.11.2011, appointed the petitioner as Hospital
Worker in the Nandhivaram Primary Health Centre with effect from
25.11.2011.
4.The grievance of the petitioner is that he had completed relevant
qualification and he was eligible to be appointed as Junior Assistant.
However, the petitioner has been given the lower most cadre. Hence, he
made a representation. The same was rejected by the 1st respondent
through proceedings dated 07.01.2022. Aggrieved by the same, the
present writ petition has been filed.
5.In the considered view of this Court, the order passed by the 1st
respondent does not suffer from any illegality. When the petitioner
accepted the appointment on compassionate ground, the petitioner was
aware of the fact that he was appointed as Hospital Worker. Having
entered appointment, at a later point of time, the petitioner is now turning
around and seeking for a higher post from the date of his appointment.
The same has been rightly rejected by the 1st respondent. For proper
https://www.mhc.tn.gov.in/judis
appreciation, paragraph No.8 of the order dated 07.01.2022 is extracted
hereunder:
“8) In view of the facts and
circumstances stated above in this case and
also as per the Division Bench Judgment order
dated : 13.02.2012 made in W.A.No.165 of
2012 and M.P.No.1 of 2012 mentioned above,
Thiru.M.Arunkumar S/o.(late)
Thiru.K.Murugaiyan is informed that in this
case with all eyes open he had accepted the
appointment given to him due to his indigent
circumstances of the family and now
requesting for appointment to the post of
Junior Assistant with effect from the date of his
appointment in the lower post on
compassionate ground is against the principle
of natural justice. He is further informed that
by virtue of giving such request, he was able to
secure the appointment on compassionate
ground earlier than the persons who opted to
wait for their turn to be considered for
appointment on compassionate ground. As
such, Thiru.M.Arunkumar S/o(late)
Thiru.K.Murugaiyan is informed that he is not
eligible for appointment to the post of Junior
Assistant with effect from the date of his
appointment in the lower post on
compassionate ground as requested in his
representation dated: 10.06.2016. However,
he is further informed that he will get his
chances of promotion to the post of Junior
Assistant by the method of recruitment by
transfer only as per the order of his seniority
in lower post after the completion of seven
years in the present post as per the
Government orders in force.”
https://www.mhc.tn.gov.in/judis
6.The 1st respondent has properly dealt with the representation
made by the petitioner and the petitioner has been informed that his claim
for Junior Assistant will be considered only according to his seniority.
7.In the light of the above discussion, this Court does not find any
merits in this Writ Petition. Accordingly, this Writ Petition stands
dismissed. Consequently, the connected Miscellaneous Petition is closed.
No costs.
03.10.2024
(2/2)
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The Director,
Directorate of Public Health and Preventive Medicine,
Teynampet, Chennai – 600 006.
2.The Joint Director (Administration),
Directorate of Public Health and Preventive Medicine,
Teynampet, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
3.The Deputy Director of Health Services,
Saidapet, Chennai – 600 015.
N.ANAND VENKATESH, J.
krk
03.10.2024
(2/2)
https://www.mhc.tn.gov.in/judis
