Tamilnadu Post Graduate Siddha v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.410 of 2012 Tamilnadu Post Graduate Siddha Doctor's Association, (Reg.No.367/2008) Rep. By its Secretary Dr.P.Sankararaj Having office at No.6, Ambedkar Street, Dhasaradhapuram, Gandhinagar West, Saligramam, Chennai 600 093.
.. Petitioner Vs.
1.The State of Tamilnadu, Rep. By its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai 600 009.
2.The Special Commissioner, Department of Indian Medicine and Homeopathy, Aringar Anna Government Hospital, Arumbakkam, Chennai 600 106.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to regularize the services of the members of the petitioner association who have been appointed vide G.O.Ms.No.222, dated 27.11.2002, G.O.Ms.No.309, dated 19.08.2004, G.O.Ms.No.310 dated 18.09.2003, G.O.Ms.No.431 dated 27.11.2003, G.O.Ms.No.136 dated 17.06.2005 and G.O.(4D) No.3 dated 02.05.2008 of the health and Family Welfare (IM-2(1)) Department with all attended monetary benefits, with interest. For Petitioner : Mr.P.Subramanian For Respondents : Mr.R.S.Selvam, (Government Advocate)
O R D E R
The learned counsel appearing for the petitioner submitted that the present Writ Petition is filed for a Mandamus, directing the respondents to regularize the services of the members of the petitioner association who were appointed by G.O.Ms.No.222 dated 27.11.2002, G.O.Ms.No.309 dated 19.08.2004, G.O.Ms.No.310 dated 18.09.2003, G.O.Ms.No.431 dated 27.11.2003, G.O.Ms.No.136 dated 17.06.2005 and G.O.(4D) No.3 dated 02.05.2008 of the Health and Family Welfare (IM-2(1)) Department with all attended monetary benefits, with interest. 2.The learned Government Advocate appearing for the respondents filed compliance affidavit of the respondents dated 31st April, 2017 filed in the Registry on 22.09.2017, stating that the members of the petitioner Association appointed by G.O.Ms.Nos.
mentioned in the Writ Petition were regularized, except the persons appointed under G.O.(Ms.)No.309, Health and Family Welfare IM2 (1) Department, dated 19.08.2004. In addition to that, the respondents have stated that members appointed in G.O.Ms.No.2, Health and Family Welfare Department dated 01.01.2004 were also regularized as per G.O.(D).No.795, Health and Family Welfare Department, dated 31.07.2014. 3.Today when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents produced G.O.(D).No.1250 dated 20.11.2014 and submitted that the members of the petitioner Association who were appointed in G.O. (Ms).No.309, Health and Family Welfare IM2(1) Department, dated 19.08.2004 also were regularized. The learned counsel appearing for the petitioner also has accepted the same. 4.
In view of the above submission, this Writ Petition is disposed of, recording the compliance affidavit of the respondents and submissions of the learned counsel for the petitioner and learned Government Advocate for the respondents. No costs.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar gsa To 1.The Secretary to Government, The State of Tamilnadu, Health and Family Welfare Department, Fort St. George, Chennai 600 009.
2.The Special Commissioner, Department of Indian Medicine and Homeopathy, Aringar Anna Government Hospital, Arumbakkam, Chennai 600 106.
+1cc to Mr.P.Subramanian, Advocate, S.R.No.48916 +1cc to the Government Pleader, S.R.No.49404 W.P.No.410 of 2012 NRJK(CO) RRS(22/07/2019)