Madras High Court
The Director vs A.Mahalingam on 19 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.198 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.198 of 2024
and
CMP(MD)No.1704 of 2024
1. The Director,
Medical and Rural Health Services
and Family Welfare,
Chennai-6.
2. The Joint Director,
Medical and Rural Health Services
and Family Welfare,
Ramanthapuram.
3. The Medical Officer,
Government Hospital,
Thiruvadanai,
Ramanathapuram District. ... Appellants
vs.
A.mahalingam ... Respondent
Prayer : Appeal filed under Clause 15 of Letters Patent Act, against
the order made in W.P(MD)No.5091 of 2023 dated 07.06.2023.
Page No.1 of 5
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W.A(MD)No.198 of 2024
For Appellants : Mr.S.R.A.Ramachandran
Additional Government Pleader
For Respondent : Mr.S.Govindan
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The department is on appeal aggrieved by the order of the
Writ Court dated 07.06.2023 made in W.P(MD)No.5091 of 2023.
2. The brief facts that led to the filing of the appeal is as follows:
The respondent / writ petitioner was appointed as a Sanitary Worker,
allegedly on outsourcing basis, on 24.08.2005 in the vacancy that existed
in the Thiruvadanai Government Hospital. The petitioner claimed
regularisation and filed a writ petition in W.P(MD)No.16757 of 2019. At
the hearing of the writ petition, counsel for the petitioner submitted that he
would confine the relief to grant special time scale of pay as provided in
G.O.Ms.No.385, Finance (salary) Department dated 01.10.2010. The said
submission of the counsel was recorded by the Court and the petitioner
was given liberty to apply afresh. Thereafter, the petitioner applied to the
authority and the request was rejected by orders dated 18.08.2022 and
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15.09.2022. These orders were impugned in the writ petition. Though a
plea was raised before the Writ Court to the effect that the petitioner is not
serving at present at the hospital in question and his services were
terminated as early as in 2012, the said claim was found to be false,
inasmuch as the In-charge Medical Officer of Government Hospital,
Thiruvadanai, conceded before the learned Judge that the petitioner has
been serving as a scheme worker even on the date of hearing of the writ
petition. The Writ Court considered the claim of the petitioner in the light
of the prevailing situation where the petitioner was working in the hospital
as a scheme worker and concluded that though he is a scheme worker
drawing a daily wages, he would be entitled to the benefit of G.O.Ms.No.
385, Finance (salary) Department dated 01.10.2010. The Writ Court had
extracted G.O.Ms.No.385 in it's order. We, therefore, do not propose to
reproduce it here.
3. A reading of the said Government Order very clearly confers
the benefit of special time scale of pay on Sanitary Workers who are
working on daily wages or on consolidated pay in Government offices or
local bodies. Therefore, once it is conceded that the petitioner has been
working as a scheme worker in the very same hospital, though he was
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removed from service as outsourced worker in the year 2012, the petitioner
would be entitled to the benefit of G.O.Ms.No.385. The benefits have also
been granted only from the year 2019. We, therefore, do not see any
reason to interfere with the order of the Writ Court. The Writ Appeal fails
and it is accordingly dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(R.S.M, J.) (L.V.G, J.)
19.09.2024
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Director,
Medical and Rural Health Services
and Family Welfare,
Chennai-6.
2. The Joint Director,
Medical and Rural Health Services
and Family Welfare,
Ramanthapuram.
3. The Medical Officer,
Government Hospital,
Thiruvadanai,
Ramanathapuram District.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
bala
JUDGMENT MADE IN
DATED : 19.09.2024
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