← Library
Madras High CourtWP/6625/2021disposed of

Karthika D v. The Principal Secretary

2021-03-16Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6625, 6626, 6628 & 6632 of 2021 Karthika D.

... Petitioner in W.P.No.6625 of 2021 Grace Ragel Esther B.

... Petitioner in W.P.No.6626 of 2021 Indumathi A.

... Petitioner in W.P.No.6628 of 2021 Kalpana Devi M.

... Petitioner in W.P.No.6632 of 2021 Vs.

1.

The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St. George, Chennai - 600 001.

The Director, Medical and Rural Health Services, Chennai - 600 006.

The Member Secretary, Medical Services Recruitment Board (MRB), 7th Floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai - 600 008.

... Respondents in all W.Ps.

W.P.No.6625 of 2021:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st and 2nd Respondents herein to regularize the appointment of the Petitioner with effect from 21.08.2015, being the date of initial appointment with all pay and service benefits pursuant to the representation of the Petitioner dated 25.02.2021.

W.P.No.6626 of 2021:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st and 2nd Respondents herein to regularize the appointment of the Petitioner with effect from 19.09.2015 being the date of initial appointment with all pay and service benefits pursuant to the representation of the Petitioner dated 26.02.2021.

W.P.No.6628 of 2021:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st and 2nd Respondents herein to regularize the appointment of the Petitioner with effect from 21.08.2015, being the date of initial appointment with all pay and service benefits pursuant to the representation of the Petitioner dated 24.02.2021.

W.P.No.6632 of 2021:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st and 2nd Respondents herein to regularize the appointment of the Petitioner with effect from 21.08.2015, being the date of initial appointment with all pay and service benefits pursuant to the representation of the Petitioner dated 25.02.2021.

For Petitioner in all W.Ps.

: Mr.P.Puhazh Gandhi For Respondents 1 & 2 : Mr.J.Pothiraj, in all W.Ps.

Special Government Pleader For 3rd Respondent in all W.Ps.:Mr.M.Loganathan C O M M O N O R D E R As the issue involved in all these Writ Petitions is one and the same, above cases are taken up for disposal by a common order.

Petitioners have come up with the above Writ Petitions seeking a direction to the 1st and 2nd Respondents herein to regularize their appointment from the date of their initial appointment with all pay and service benefits, based on their individual representation.

Heard the learned counsel on either side and perused the material documents available on record.

4.

In view of the limited relief sought for by the Petitioners and taking note of the submissions of the learned counsel on either side, this Court directs the 1st and 2nd Respondents to consider the individual representation made by the Petitioners herein, after affording them an opportunity of hearing and pass appropriate orders in accordance with law within a period of sixty days from the date of receipt of a copy of this order.

5.

Petitioners shall furnish their phone number, Email ID, if any, etc., along with a copy of their representation and

a copy of this order to the 1st and 2nd Respondents, forthwith. Respondents 1 and 2 are directed to communicate the decision taken on their representations, to the Petitioners within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court. With the above directions, above Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar rsi To:

1.

The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St. George, Chennai - 600 001.

The Director, Medical and Rural Health Services, Chennai - 600 006.

The Member Secretary, Medical Services Recruitment Board (MRB), 7th Floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai - 600 008.

+1cc to the Government Pleader, S.R.No. 17379 W.P.No.6625, 6626, 6628 & VBM(CO) GN(08/07/2021)