M/S. Tamil Nadu Tuberculosis Employees Association, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.2307 of 2020 M/s. Tamilnadu Tuberculosis Employees Association Rep. by its State General Secretary Mr.S.Anandhan No.129/132F, Narayanan Nagar Uthangarai 835 207 ... Petitioner -Vs1. Government of Tamilnadu Rep. by its Health Secretary Health and Family Welfare Department Secretariat, Fort. St. George, Chennai 9.
2. The Mission Director National Health Mission Tamilnadu DMS Annex Building, Teynampet, Chennai-6.
3. The State TB Officer, State TB Office, DMS Campus, Teynampet, Chennai 6.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue an order or direction more particularly in the nature of Writ of Mandamus directing the respondents 2 & 3 to implement the recommendation of Principal Secretary to Government, Health and Family Welfare Department in Ref. No.22239 EAP II-2/2018-2 dated 30.08.2018 within a time frame as may be fixed by this Hon'ble Court, on the basis of the petitioner's representation dated 14.10.2019. For Petitioner : Mr. T. Arokiya Doss for M/s.Dass & Viswa Associates For Respondents: Mr. P.S. Siva Shanmugasundaram Special Government Pleader.
ORDER
This Writ Petition has been filed for the issue of Writ of Mandamus directing the second and third respondent to implement
the recommendations made by the first respondent in his proceedings dated 30.08.2018.
2. This Writ Petition has been filed by the Tamil Nadu Tuberculosis Employees Association. The Association consists of employees working in a scheme called as National Tuberculosis Elimination Program, which directly comes under the Ministry of Health and Family Welfare, Government of Tamil Nadu. The petitioner Association made certain demands to the first respondent and a Joint Meeting was convened on 28.08.2018. The Additional Secretary to Government, by his letter dated 30.08.2018 has communicated the Minutes of Meeting and the petitioner is seeking to implement the demands that were considered during the meeting and communicated by the first respondent. The petitioner Association has also made a representation to the second and third respondents on 14.10.2019 requesting for the implementation of the recommendations forwarded by the first respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.
3. Heard Mr. T. Arokiya Doss, learned counsel for the petitioner and Mr. P.S. Siva Shanmugasundaram, learned counsel for the respondents.
4. Taking into consideration the facts and circumstances of the present case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second and third respondents to consider the representation made by the petitioner Association on 14.10.2019 in line with the recommendation that was already made by the Additional Secretary to Government by his letter dated 30.08.2018 and pass necessary order in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
5. The petitioner Association shall make a fresh representation to the second and third respondents along with a copy of the representation dated 14.10.2019 and a copy of this order.
6. This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (J) //True Copy// Sub Assistant Registrar bga
To
1. The Health Secretary Government of Tamilnadu Health and Family Welfare Department Secretariat, Fort. St. George, Chennai 9.
2. The Mission Director National Health Mission Tamilnadu DMS Annex Building, Teynampet, Chennai-6.
3. The State TB Officer, State TB Office, DMS Campus, Teynampet, Chennai 6.
+1cc to Mr.Dass & Viswa Associates, Advocate, S.R.No. 7467 +1cc to the Government Pleader, S.R.No. 8119 W.P.NO.2307 of 2020 GN(28/02/2020)