Dr. P.Muthusamy, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2017
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.12656 of 2015 1.Dr.P.Muthusamy 2.P.Sampathkumar 3.Dr.N.Deattu 4.Ms.R.Indhumathy 5.Ms.M.Sakthi Abirami 6.Dr.M.Sathish 7.Dr.R.Vijaya Bharathi 8.Dr.R.Vadivu 9.Ms.S.Daisy Chellakumari 10.Ms.R.Devi Damayanthi 11.Ms.T.Saraswathy 12.Dr.R.Priyadarsini 13.Dr.P.G.Sunitha 14.Ms.B.Saraswathi .. Petitioners Vs
1. The State of Tamil Nadu, Rep. By Secretary for Health and Family Welfare, Fort St. George, Chennai - 9.
2. The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.
3. The Secretary, Tamil Nadu Public Service Commission,
4. The Director, Directorate of Medical Service, Teynampet, Chennai.
5. The Director, Directorate of Public Health and Preventive Medicine, Teynampet, Chennai.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the
respondents to consider the case of the petitioners for regularization of service in the post of Tutor in pharmacy with regular AICTE pay scale on the basis of proposal of the DME Chennai and our representation dated 28.09.2013 and 24.10.2014 made to the respondents.
For petitioner : Mr.R.Thiagarajan, SC for Mr.G.Elanchezhian For R1, 2, 4 & 5 : Mr.V.Jayaprakash Narayanan For R3 : No Appearance
O R D E R
By way of filing this writ petition, the petitioners seek a direction to the respondents to consider their case for regularization of services in the post of Tutor in pharmacy with regular AICTE pay scale on the basis of proposal of the DME
2. During the pendency of the writ petition, the first respondent / the Secretary to Government, Health and Family Welfare (AA1) Department, vide his proceedings dated 09.12.2015, by referring to an interim order passed by this Court in M.P.No.1 of 2015 in W.P.No.12656 of 2015, dated 27.04.2015, has taken a decision to regularise the services of one Tmt.D.Umamaheswari and five others in the post of Tutor in Pharmacy at Government level in consultation with the Tamil Nadu Public Service Commission.
3. By bringing to the notice of this Court the above said proceedings, learned Senior counsel for the petitioners requested this Court to direct the respondents to expedite the claim of the petitioners seeking to regularise their services in the post of Tutor in consultation with the Tamil Nadu Public Service Commission as done to the similarly placed persons.
4. Learned Special Government Pleader appearing for the respondents, by taking note of the said proceedings dated 09.12.2015 of the first respondent, sought for three months time to pass final orders, as they need to consult with the Tamil Nadu Public Service Commission.
5. In view of the above, this Court, by recording the above said statement of the learned Special Government Pleader, directs the first respondent to take final decision regarding the regularization of the services of the petitioners in the post of Tutor as done to the similarly placed persons within a period of three months from date of receipt of a copy of this
order. With this direction, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To
1. The Secretary for Health and Family Welfare, Fort St. George, Chennai - 9.
2. The Director, Directorate of Medical Education, Kilpauk, Chennai - 10.
3. The Secretary, Tamil Nadu Public Service Commission,
4. The Director, Directorate of Medical Service, Teynampet, Chennai.
5. The Director, Directorate of Public Health and Preventive Medicine, Teynampet, Chennai.
+2 Ccs to Mr.G.Elanchezhian, Advocate sr 16617 +1 CC to Govt. Pleader sr 16714 W.P.No.12656 of 2015 scd[co] sp/3/4