A.J.Rajesh v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 11017 and 11019 of 2023
1. A.J.Rajesh
2. J.Sanjeevi
3. M.Sellammal
4. R.Vetrivel
5. S.Abirami
6. G.Subalakshmi
7. P.Jaya
8. K.Thangamani
9. S.Sheiladevi
10. P.Prema
11. S.R.Rajeswari
12. P.Prakash
13. K.Gokulraj 1/10
14. S.Krithika
15. P.Saravanan
16. S.Kannan
17. A.Sivambika
18. S.Shailaja
19. K.Arun
20. S.Thenmozhi
21. S.Sureshkumar
22. M.Gayathri
23. N.Lakshmanan
24. M.Venkatesh
25. R.Hameethabanu
26. S.Thirumathi
27. T.Sivaselvan
28. Y.Shenbagaraj
29. R.Ranjithkumar
30. P.Madeswaran
31. G.Rajendran
32. K.Saravanan 2/10
33. V.Revathi
34. V.Mani
35. S.Kamal Abdul Nazer
36. N.Thenmozhi
37. P.Kalaivani
38. C.Jeyanthi
39. M.Bamasri
40. J.Boopathi
41. G.Abirami
42. M.Dineshkumaran
43. C.Karthikeyan
44. M.Mohamed Siddique
45. R.Muthukumar
46. R.Rajesh
47. V.Vanitha
48. R.Thangamurugavelu
49. S.Sureshsankar
50. K.Amaladevi
51. G.Prakasam 3/10
52. S.Karunakaran
53. G.Parthiban
54. A.Vijayanand
55. A.Inayathulla
56. S.Kalyani
57. R.Vinothkumar
58. S.Murugan
59. J.Sivakumar
60. S.Maruthan Mayilsamy
61. S.Arun
62. D.Vetriselvan
63. S.Rajalaskhmi
64. P.Velmurugan
65. S.Thangadurai
66. R.Senthilumar
67. V.Amaravathi
68. K.Gomathi
69. K.Priya
70. T.Sathiya 4/10
71. T.Sakthikumar
72. S.Selvakumar
73. G.Ambairam
74. G.Suguna
75. P.M.Sivalingam
76. A.Karthick
77. G.Rajthilak
78. N.Kavitha
79. M.Bharathikani
80. M.Ananda Prabu ... Petitioners -vs1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600009.
2. Director (Personnel), Department of Public Health and Preventive Medicine, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
3. The Director, Directorate of Medical and Rural Health Services, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
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4. Mission Director, State Health Society, Department of Public Health and Preventive Medicine, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
5. Medical Services Recruitment Board, Rep. by its Member Secretary, 7th Floor, DMS Building, No. 359, Anna Salai, Chennai - 600006.
...
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Fifth Respondent from conducting the written examination for selecting 889 Pharmacists to be posted in Primary Health Centres on temporary or permanent basis coming under the Tamil Nadu Medical Subordinate Service pursuant to Notification No. 10/MRB/2022, dated 10.08.2022 read with Notification No. 10/MRB/2022 dated 23.03.2023 until the Petitioners working as Pharmacists appointed under the Rashtriya Bal Swasthya Karyakram (RBSK) Scheme of the Central Government and working under the National Health Mission now working under the State Health Society for more than 6 years are absorbed in regular time scale of pay in the Primary Health Centres in the State of Tamil Nadu as Pharmacists coming under the Tamil Nadu Medical Subordinate Service as per the terms of G.O. Ms. No. 335, Health and Family Welfare (C1) Department dated 12.11.2015.
For Petitioners : Mrs. Nalini Chidambaram, Senior Counsel for M/s. C.Uma For Respondents : Mrs. R.Anitha, Special Government Pleader (for R1 to R4) Mr. M.Loganathan (for R5) 6/10
O R D E R
Heard Mrs. Nalini Chidambaram, Learned Senior Counsel appearing for the Petitioners and Mrs. R.Anitha, Learned Special Government Pleader, who takes notice for the First to Fourth Respondents, and Mr. M.Loganathan, Learned Counsel, who takes notice for the Fifth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Writ Petition has been filed to restrain the Fifth Respondent from conducting the written examination for selection of 889 Pharmacists to be posted in Primary Health Centres on temporary or permanent basis coming under the Tamil Nadu Medical Subordinate Service pursuant to Notification No. 10/MRB/2022, dated 10.08.2022 read with Notification No. 10/MRB/2022 dated 23.03.2023 till the Petitioners working as Pharmacists appointed under the Rashtriya Bal Swasthya Karyakram (RBSK) Scheme of the Central Government and working under the National Health Mission now working under the State Health Society for more than 6 years are absorbed in regular time scale of pay in the Primary Health Centres in the State of Tamil Nadu as Pharmacists coming under the Tamil Nadu Medical Subordinate Service as per 7/10
the terms of G.O. Ms. No. 335, Health and Family Welfare (C1) Department dated 12.11.2015.
3.
As all relevant documents have not been produced along with the Writ Petition, Learned Senior Counsel appearing for the Petitioners seeks permission of the Court to withdraw the Writ Petition with liberty to the Petitioners to file a fresh Writ Petition with required documents to effectually and completely adjudicate the matter. Learned Counsel for the Petitioner has also made an endorsement to that effect in the Court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petitions are closed. No costs 12.04.2023 2/2 kv Index: Yes/No Note: Issue order copy by 27.07.2023.
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To
1. The Principal Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600009.
2. The Director (Personnel), Department of Public Health and Preventive Medicine, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
3. The Director, Directorate of Medical and Rural Health Services, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
4. The Mission Director, State Health Society, Department of Public Health and Preventive Medicine, No. 359, DMS Complex, 361, Anna Salai, Chennai - 600006.
5. The Member Secretary, The Medical Services Recruitment Board, 7th Floor, DMS Building, No. 359, Anna Salai, Chennai - 600006.
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P.D. AUDIKESAVALU, J.
kv 12.04.2023 2/2 10/10