R.Kaliyaperumal v. The Director Of Public Health

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.Nos.18673 to 18686 of 2015 R.Kaliyaperumal S/o.Ramasamy ... Petitioner in W.P.No.18673 of 2015 R.Palani ... Petitioner in W.P.No.18674 of 2015 G.Kannan ... Petitioner in W.P.No.18675 of 2015 G.Thangamani ... Petitioner in W.P.No.18676 of 2015 S.Rajan Babu ... Petitioner in W.P.No.18677 of 2015 K.S.Vaithilingam ... Petitioner in W.P.No.18678 of 2015 K.Ramakrishnan ... Petitioner in W.P.No.18679 of 2015 A.Natarajan ... Petitioner in W.P.No.18680 of 2015 P.Anbarasan ... Petitioner in W.P.No.18681 of 2015 A.Dhandapani ... Petitioner in W.P.No.18682 of 2015 S.Abdul Wahab ... Petitioner in W.P.No.18683 of 2015 M.Deivasigamani ... Petitioner in W.P.No.18684 of 2015 S.Govindan ... Petitioner in W.P.No.18685 of 2015 K.Kaliyan ... Petitioner in W.P.No.18686 of 2015 Vs.

1.The Director of Public Health and Preventive Medicine D.M.S. Compound Chennai-600 006.

2.The State of Tamil Nadu Rep. by its Secretary to Government Health and Family Welfare Department Fort St.George, Chennai-600 009.

...Respondents in all the WPS

Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to retrospectively promote the petitioner in the cadre of Health Inspector with effect from September 1982 Sep 1982, June 1981, June 1971, June 1981, June 1975, Feb 1982, June 1977, June 1978, June 1981, June 1980, Nov 1990, June 1981 & June 1980 respectively and consequently, regularize his services in the above post with all monetary and other consequential service benefits, as was done in the case of Mr.A.Ramalingam in G.O.(D)No.359 Health and Family Welfare Department dated 26.04.2004, which is covered under order dated 13.07.2007 in W.P.No.29794 of 2005 etc., batch and confirmed by the Hon'ble

Supreme Court of India in Civil Appeal No.6660 of 2011 and batch dated 25.02.2015.

For Petitioner in all W.Ps. :

Mr.C.V.Ramachandra Murthy For Respondents in all W.Ps. :

Mr.P.S.Sivashanmuga Sundaram Special Government Pleader C O M M O N O R D E R These writ petitions have been filed seeking for issuance of writ of mandamus directing the respondents to retrospectively promote the petitioners in the cadre of Health Inspector with effect from the date on which the Petitioners' juniors/counterparts have been granted monetary benefits and consequently, regularize their services in the above post with all monetary and other consequential service benefits, as was done in the case of Mr.A.Ramalingam in G.O.(D)No.359 Health and Family Welfare Department dated 26.04.2004, which is covered under order dated 13.07.2007 in W.P.No.29794 of 2005 etc. batch and confirmed by the Hon'ble Supreme Court of India in Civil Appeal Nos.6660 of 2011 etc. batch, dated 25.02.2015, and to grant monetary benefits to the legal heirs of the deceased Petitioners.

2. As the issue involved in all these writ petitions is one and the same, they are taken up for disposal by a common order.

3. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioners that the petitioners have restricted their claim regarding the *disposal of their representations, which has to be considered by the authorities in terms of G.O.(D).No.359 Health and Family Welfare Department dated 26.04.2004, if it is applicable. He further submitted that the similar prayer sought for by other petitioners had already been considered by this Court on 28.08.2017 in WP.No.4776 to 4802 of 2016. He also submitted that the authorities may be directed to consider the request of the petitioners, and take a decision within a period of four weeks from the date of receipt of a copy of this order, as the writ petitions are pending from the year 2015.

4. Since the prayer sought for in these writ petitions has been restricted, in view of the Government Order in G.O.(D). No.359 Health and Family Welfare Department, dated 26.04.2004 and also in the light of the order of a Division Bench of this Court dated 13.07.2007 made in W.P.Nos.29794 of 2005, etc., batch and the judgment dated 25.02.2015 passed by the Apex Court in Civil Appeal Nos.6660 of 2011 etc., batch, the Respondents herein shall consider the representation made by the Petitioners

herein and pass appropriate orders on the same within a period of eight (8) weeks from the date of receipt of a copy of this order, if the representation had already not been disposed of. Accordingly, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar Dated:30/09/2019 *Corrected as per order dated 12/02/2020 in WP.Nos.18673 to 18686 of 2015 Sd/- Assistant Registrar dated: 19/10/2020 //True Copy// Sub Assistant Registrar mk To 1.The Director of Public Health and Preventive Medicine D.M.S. Compound Chennai-600 006.

2.The Secretary to Government The State of Tamil Nadu Health and Family Welfare Department Fort St.George, Chennai-600 009.

+1cc to Mr.C.V.Ramachandramurthy, Advocate, S.R.No. 73944 W.P.Nos.18673 to 18686 of 2015 RV(CO) GN(03/10/2019) GN(19/10/2020)