M.Anthony, v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD and MP.No.1238 of 2020 M. Anthony ... Petitioner Vs.
1. State of Tamil Nadu Rep.by its Secretary Health & Family Welfare Department Secretariat, Chennai 600 009.
2. The Director Public Health & Preventive Medicine DMS Compound Chennai 600 006 ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus to call for the entire records relating to impugned letter in R.No.94401/MP-1/S3/2007 dated 16.07.2015 on the file of the 2nd respondent quash the same consequently directing the respondents to regularise the petitioner's service as Health Inspector Grade-I with retrospective effect from 13.07.1989 and consider him for promotion of Personal Assistant to Deputy Director of Health Services in the department of the 2nd respondent within a period of stipulated time as fixed by this Court by
implementing the judgment of the Hon'ble Supreme Court passed in Civil Appeal No.6660 of 2011.
For Petitioner : Mr.R.Ezhilarasan For Respondents : Mrs.C.Meera Arumugam Additional Govt.Pleader
O R D E R
The petitioner has filed the above writ petition praying for a Writ of Certiorarified Mandamus to call for the entire records relating to impugned letter in R.No.94401/MP-1/S3/2007 dated 16.07.2015 on the file of the 2nd respondent quash the same consequently directing the respondents to regularise the petitioner's service as Health Inspector Grade-I with retrospective effect from 13.07.1989 and consider him for promotion of Personal Assistant to Deputy Director of Health Services in the department of the 2nd respondent within a period of stipulated time as fixed by this Court by implementing the judgment of the Hon'ble Supreme Court passed in Civil Appeal No.6660 of 2011.
2. The facts of the case in a nutshell:- The petitioner was working as Block Health Supervisor in Government Primary Health Centre, Ammaiyarkuppam and was appointed as
Health Assistant (now redesignated as Health Inspector Grade II) in Primary Health Centre, Poondi on 13.07.1989 and thereafter regularised as Health Inspector Grade I on 15.12.2005 and subsequently promoted as Block Health Supervisor on 04.11.2009 and as per the judgment of the Hon'ble Supreme Court of India in Civil Appeal No.6660 of 2011 batch the petitioner ought to have been regularised as Health Inspector Grade I on 13.07.1989 with retrospective effect. In this regard, the petitioner gave a representation dated 06.04.2015 requesting the 2nd respondent to promote him as Health Inspector with retrospective effect from the date of passing the Sanitary Inspector course and the same was rejected by the 2nd respondent vide impugned order dated 16.07.2015. Aggrieved by the order passed by the 2nd respondent, the petitioner has come forward with the present writ petition.
3. The learned counsel for the petitioner has relied upon the decision of the Hon'ble Supreme Court in Civil Appeal No.6660 of 2011 batch dated 25.02.2015, the relevant paragraph reads as follows:- " 9. Aggrieved by the order so passed by the High Court, the appellants are before us in these appeals. The counsel for appellants would contend that, the case of D.Dhanasekaran, on which reliance has been placed, stands on a different footing, since he was initially appointed as Health Inspector possessing requisite qualification i.e.,
passed the Sanitary Inspector Certificate Course. He would further contend that the respondents could not have been promoted to the post of Health Inspectors retrospectively since they were not appointed on the said post at the relevant point of time".
4. The learned Special Government Pleader appearing for the respondents also fairly submitted that an order was passed by the Hon'ble Supreme Court of India in Civil Appeal No.6660 of 2011 batch on 25.02.2015 dismissing the appeal filed by the respondent. Aggrieved by the order passed by the Hon'ble Supreme Court of India, the Government has preferred a Review Petition with a delay of 1256 days and the Hon'ble Supreme Court of India was pleased to dismiss the condone delay application and as well as the Review Petition No.3521-3721 of 2018 by order dated 12.12.2018, hence the order has reached the finality.
5. Heard both sides and perused the materials available on record.
6. In view of the ratio laid down by the Hon'ble Supreme Court of India in Civil Appeal No.6660 of 2011 batch dated 25.02.2015, this Court is inclined to quash the order passed by the 2nd respondent in R.No.94401/MP-
1/S3/2007 dated 16.07.2015 and the same is hereby quashed. The respondents are directed to regularise the service of the petitioner as Health Inspector Grade - I with retrospective effect from 13.07.1989 and consider him for promotion to the post of Personal Assistant to Deputy Director of Health Services in the 2nd respondent department within a period of eight weeks from the date of receipt of a copy of this order.
7. The writ petition is disposed of with the above direction and observation. No costs. Consequently connected miscellaneous petition is also closed.
27.07.2023 dpq Index :Yes/No Speaking Order :Yes/No
J. SATHYA NARAYANA PRASAD, J.
dpq
1. State of Tamil Nadu Rep.by its Secretary Health & Family Welfare Department Secretariat, Chennai 600 009.
2. The Director Public Health & Preventive Medicine DMS Compound Chennai 600 006 27.07.2023