R.Vandarkuzhali v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.04.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20645 of 2018 and W.M.P.No.24266 of 2018 1.R.Vandarkuzhali 2.P.Amsalakshmi 3.S.Vikayalakshmi 4.S.Glory 5.R.Indrani 6.K.Ranganayaki 7.S.Poomari 8.S.Rathnavathy 9.V.Lakshmi 10.E.Elizabeth Jayarani 11.A.Caroline 12.G.Mary Angel 13.P.S.Santhanalakshmi 14.K.Navamani 15.R.Manimegalai 16.R.Sukirtha Kalavathy 17.R.Sulochana 18.S.Poongothai 19.K.Tamilselvi 20.Juliet Alice Suganthi 21.J.Saroja 22.V.Pushpam 23.P.Jayakodi 24.G.Susila 25.S.Vanmathi 26.J.Santhi Vijayalakshmi 27.D.Illa Sakunthalabai 28.R.Lalitha 29.M.Rani 30.P.Santhakumari 31.M.Anjalidevi 32.V.Malarkodi 33.G.Prema 34.P.Ponmani 35.S.Annal Jebakani 36.M.Silviya Manoranjitham 37.M.Maragatham
38.Dhanalakshmi 39.Aseema 40.P.Pachiammal 41.M.Easwari 42.V.Usharani 43.N.Unnamalai 44.C.Mallika 45.K.Andal 46.K.Glory Rainsbell 47.M.Valarmathy 48.C.Muniammal 49.A.Padmini 50.K.Lakshmi 51.K.Jayam 52.T.Magabuvi 53.M.Rajeswari 54.G.A.Tamilmani 55.K.Tamilmani 56.R.Manet Lailarani 57.V.Kowsalya 58.S.Vijayalakshmi 59.Mrs.Vasantha Sankaranarayanan 60.A.Sheena 61.Pushpavalli 62.K.Kaveri 63.T.Vijayasoundari 64.S.Rama 65.S.Mallika CHN Rtd, 66.P.Amirtham 67.M.Rajalakshmi 68.R.Annapoornani 69.M.Kaliammal 70.V.Padmini 71.M.Rajammal 72.V.Saraswathy 73.S.Seethalakshmi 74.K.Ruckmini 75.J.Akilamani 76.V.Palaniammal 77.A.Lakshmiprabha 78.S.J.Rajakumari 79.M.Manimegalai 80.M.Bama 81.M.Vasantha ..Petitioners -Vs1.The State of Tamil Nadu, Represented by its Principal Secretary, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009
2.The Director, Public Health and Preventive Medicine, DMS Compound, Anna Salai, Teynampet, Chennai - 600 006. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representations dated 18.12.2017 made by the petitioners and suitable orders are passed by the respondents treating the period of training of 18 months as one of service and pay to the petitioners salary for the 18 months training period and treat the same as service period for the purpose of calculating the superannuation benefits of the petitioners.
For Petitioners : Mr.M.Ramamoorthi For Respondents : Mr.A.N.Thambidurai Special Government Pleader for R1 & R2
O R D E R
The grievance of the writ petitioners is that the training period was not taken into account for the purpose of reckoning the qualifying service for grant of pensionary benefits. 2.In this regard, the Director of Public Health and Preventive Medicine sent a recommendation to the Principal Secretary, Health and Family Welfare Department in his proceedings dated 11.05.2010.
3.The grievances of the writ petitioners are that though the recommendations are made long back, no decision has been taken by the 1st respondent so far. Thus, the writ petitioners are constrained to move the present writ petition. 4.This Court is not aware of the fact that whether any order has already been passed, in view of the fact that the proposal is pending for the past about eight years. However, without going into the merits of the matter, the writ petitioners are permitted to submit a fresh representation to the 1st respondent, setting out all the facts and details and the relevant Government orders within a period of four weeks from the date of receipt of a copy of this order. On receipt of such a representation from the writ petitioners, the 1st respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of 12 weeks from thereafter.
5.With this direction, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Secretary, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009 2.The Director, Public Health and Preventive Medicine, DMS Compound, Anna Salai, Teynampet, Chennai - 600 006 +1cc to Mr.M.Ramamoorthy, Advocate, SR.No.40296 +1cc to the Govt.Pleader, vide SR.No.41319 W.P.No.20645 of 2018 Kak(13/06/2019)