Madras High Court
B.Devanathan vs The Principal Secretary To Government on 4 October, 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.10.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.Nos.187, 192, 198, 207, 217, 224 of 2021 and
W.M.P.Nos.257, 263, 266, 271, 286, 291 of 2021
W.P.No.187 of 2021
B.Devanathan ... Petitioner
Vs.
1.The Principal Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai 09.
2.The Director of Indian Medicine & Homeopathy,
Arumbakkam, Chennai 106.
3.The District Siddha Medical Officer,
Government District Headquarters Hospital,
Cuddalore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records in
pursuant to the impugned order issued by the 2nd respondentin
proceedings Na.Ka.No.17306/Ni2/1/2019 dated 11.05.2020 and quash
the same and consequently, direct the respondents to absorb the petitioner
as Multi Purpose Workers in the Department of Indian Medicine and
Homeopathy including Yoga and Naturopathy Life Style Clinics
Page No.1 of 7
https://www.mhc.tn.gov.in/judis
established at all District Headquarters Hospitals and Modern Medical
College Hospitals under G.O.Ms.No.257, Health & Family Welfare
(IM2-1) Department dated 05.11.2013 by regularizing his service.
For Petitioner : Mr.R.Prem Narayan
For Respondents : Mr.K.Tippu Sulthan, GA
COMMON ORDER
These Writ Petitions have been filed for quashment of the
impugned order passed by the 2nd respondent in proceedings
Na.Ka.No.17306/Ni2/1/2019 dated 11.05.2020 and consequently, to
direct the respondents to absorb the petitioners as Multi Purpose Workers
in the Department of Indian Medicine and Homeopathy including Yoga
and Naturopathy Life Style Clinics established at all District
Headquarters Hospitals and Modern Medical College Hospitals under
G.O.Ms.No.257, Health & Family Welfare (IM2-1) Department dated
05.11.2013 by regularizing their service.
2. Heard the learned counsel for the petitioners and the learned
Government Advocate for the respondents and also perused the materials
available on record.
https://www.mhc.tn.gov.in/judis
3.The case of the petitioners herein is similar to that of the dispute
which arose in the Writ Petitions in W.P.Nos.31902 & 27596 of 2017
(S.Nagaraj Vs. the Principal Secretary to Government and others). In the
said Writ Petitions, this Court has passed the following order:
“5.The petitioners have been initially appointed as
Multipurpose Workers in terms of G.O.Ms.No.268 dated
01.09.2005, by which centres had been created for the
purpose of prescribing Indian medicines, such as Siddha,
Unani, Ayurvedha, Homeopathy, Naturopathy and Yoga
under National Rural Health Mission. Subsequently, from
October, 2015, the Multipurpose Workers were engaged on
full time basis for 6 days a week. On perusal of
G.O.Ms.No.257 dated 05.11.2013, it was issued for
establishing Yoga and Naturopathy life style clinics at all
District Head Quarter Hospitals and Modern Medical
Colleges Hospitals, whereas G.O.No.848 dated 20.08.2014
prescribes the procedures and method of selection in
respect of Assistant Medical Officer (yoga and
Naturopathy), Therapeutic Assistant and Multipurpose
https://www.mhc.tn.gov.in/judis
Workers.
6.It is pertinent to mention here that the Apex Court
in the case of Excise Superintendent, Malkapatnam,
Krishna District, Andhra Pradesh Vs. K.B.N.Visweshwara
Rao, reported in 1996 (6) SCC 216, held that recruitment
through Employment Exchange is not the only source. It is
a settled legal proposition that no person can be appointed
even on a temporary or adhoc basis without inviting
applications from all eligible candidates. If any
appointment is made by merely inviting names from the
employment exchange or putting a note on the notice
board etc. that will not meet the requirement of Article 14
and 16 of the Constitution of India as it deprives the
candidates, who are eligible for the post from being
considered.
7.At this juncture, learned counsel for the petitioners
produced a copy of the judgment dated 27.09.2018,
rendered by a Division Bench of this Court in W.A.No.2152
of 2018, in which, it was ordered to give some weightage
to candidates already working, while filling up any
notified vacancies in future.
8.In the case on hand, it is no doubt true that the
petitioners were brought on full time basis on daily wage
basis for 6 days per week from 2015. In view of the afore-
https://www.mhc.tn.gov.in/judis
stated position, these writ petitions are disposed, with a
direction to the respondents to give weightage of marks to
these persons, while issuing Notification to fill up the
notified posts in future and in the event of the petitioners
being found eligible for the posts to be notified in future,
they can also participate and compete with others with the
benefit of weightage of marks to be awarded by the
respondents. No costs. Consequently, connected
Miscellaneous Petitions are closed.”
4. The subject matter in issue in these Writ Petitions is also similar
to that of the earlier Writ Petitions filed in W.P.Nos.31902 & 27596 of
2017, in which the aforesaid order has been passed. Since the petitioners
are also similarly placed as that of the petitioners in W.P.Nos.31902 &
27596 of 2017, their case would also have the similar line of appreciation
involved in the above Writ Petitions. Hence, they are also entitled to the
same relief as already granted to the other similarly placed persons in the
earlier judicial order.
5. In the light of the order passed by this Court in the Writ
https://www.mhc.tn.gov.in/judis
Petitions as stated supra, these Writ Petitions are disposed of with a
direction to the respondents to give weightage of marks to these persons,
while issuing Notification to fill up the notified posts in future and in the
event of the petitioners being found eligible for the posts to be notified in
future, they can also participate and compete with others with the benefit
of weightage of marks to be awarded by the respondents. No costs.
Consequently, connected Miscellaneous Petitions are closed.
Index : Yes /No 04.10.2024
Speaking / Non-speaking
Neutral Citation : Yes / No
vkr
To
1.The Principal Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai 09.
2.The Director of Indian Medicine & Homeopathy,
Arumbakkam, Chennai 106.
3.The District Siddha Medical Officer,
Government District Headquarters Hospital,
Cuddalore.
https://www.mhc.tn.gov.in/judis
VIVEK KUMAR SINGH, J.
vkr
W.P.Nos.187, 192, 198, 207, 217, 224 of 2021 and
W.M.P.Nos.257, 263, 266, 271, 286, 291 of 2021
04.10.2024
https://www.mhc.tn.gov.in/judis
