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Madras High CourtWP/14319/2025disposed of

K. Balasubramaniam v. The Director

2025-04-23Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN K.Balasubramaniam ...

Petitioner VS.

The Director Public Health and Preventive Medicine Dept., Chennai - 600 006.

...

Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent by disposing the petitioner's representation dated 03.10.2022 and refix petitioner's seniority as per proceedings in Proceedings in R.No.477705/E4/93-S1 dated 08.06.1993 of the Director of Public Health and Preventive Medicine Department, Chennai. For Petitioner :

Mr.M.S.Ram Prasad For Respondent :

Mr.E.Sundaram Government Advocate Page No.1 of 5

O R D E R

This writ petition has been filed in the nature of a Mandamus, seeking examination of the representation dated 03.10.2022 given by the petitioner, by which representation the petitioner sought re-fixation of the seniority, in accordance with the Proceedings dated 08.06.1993 of the Director of Public Health and Preventive Medicine Department, Chennai.

2.The petitioner initially joined as a Junior Assistant in the Public Works Department, Ground Water Division at Vellore, on 25.11.1983 and his services were regularized on 25.06.1984. He had passed the departmental examinations required for promotion to the post of Assistant. However, the scheme under which he was discharging his duties namely, the Ground Water Division at Vellore was abolished, and consequently, his services were terminated with effect from 30.04.1989. The District Collector of North Arcot at that time was directed to examine the possibility of reappointing the petitioner to any other post. By order dated 25.10.1989, the petitioner was reappointed as a Junior Page No.2 of 5

Assistant in the Primary Health Centre, Guruvarajpet, Cheyyar H.U.D., Vellore District. However, his seniority was not considered based on his original date of joining and was instead counted from 25.10.1989. This has been a source of grievance for the petitioner, and he has submitted a representation in this regard.

3.A direction is issued to the respondent to examine the Service Register of the petitioner for the period during which he was originally employed in the Public Works Department, Ground Water Division, Vellore, from 25.11.1983 to 30.04.1989. The respondent shall also review the terms under which the petitioner's services were terminated, the conditions under which the District Collector directed his re-appointment, and the terms under which he was actually re-appointed as a Junior Assistant in the Primary Health Centre, Guruvarajpet, Cheyyar. Based on this examination, the respondent shall determine whether continuity of service can be granted. If such continuity is granted, the petitioner's seniority shall be re-fixed accordingly. The respondent is directed to pass appropriate orders on the petitioner's Page No.3 of 5

representation within a period of six weeks from the date of receipt of a copy of this order.

4.The writ petition stands disposed of. No costs. 23.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To The Director Public Health and Preventive Medicine Dept., Chennai - 600 006.

Page No.4 of 5

C.V.KARTHIKEYAN, J.

TK 23.04.2025 Page No.5 of 5