K.Premalatha v. Secretary To The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR K.Peramalatha ... Petitioner Vs.

1.Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Deputy Director of Health Service, Kallakurichi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the record of the letter No. 15529 / R1 / 2019-8 dated 27.2.2020 on the file of the 1st Respondent and quash the same and consequently direct the respondent to recruit the petitioner to the post of District Extension Educator. For Petitioner : Mrs.S.S.Jhothivani For Respondents : Mr.P.Baladhandayutham Special Government Pleader

O R D E R

This writ petition has been filed challenging the order of the 1st respondent, dated 27.02.2020, rejecting the claim of the petitioner for promotion to the post of District Extension Educator. 2.It is the case of the petitioner that she is working as Village Health Nurse. It is the contention of the petitioner that, since she is qualified with M.A. Sociology, she should be promoted to the post of District Extension Educator. According to her, there are three methods of appointment to the said post, viz., by way of promotion, by way of transfer from the category of Health Inspector Grade-I or by way of direct recruitment. Since the petitioner has completed Post Graduate Diploma in Health Promotion and Education, she is fully qualified to the post of District Extension Educator.

On earlier occasion, the petitioner filed a writ petition in W.P.No.1736 of 2017 seeking similar relief. By order dated 08.04.2019, this Court has allowed the writ petition. However, the Division Bench of this Court, in Writ Appeal No.2944 of 2019, by judgment dated 20.12.2019, has set aside the order of the learned Single Judge in W.P.No.

respondents to take steps to provide opportunity to the petitioner and pass appropriate orders to that effect. Based on the directions of the Division Bench of this Court, now, the impugned order has been passed, rejecting the request of the petitioner for promotion. Challenging the same, the present writ petition has been filed.

3.Challenge has been made mainly on the ground that the impugned order has been passed without considering the petitioner for any other post. However, apart from that, in the entire affidavit or in the writ petition, no ground has been made out by the petitioner to assail the impugned order.

4.In the counter affidavit filed by the respondents, it is stated that the petitioner has completed only SSLC and she has directly completed her Post Graduation, i.e., M.A.(Sociology) through Open University without completing +2 and Under Graduation and therefore, she is not eligible for promotion to the post of District Extension Educator. Further, as per Tamil Nadu Medical Subordinate Service Rules, the feeder category for the promotional post of District Extension Educator is Block Extension Educator in Family Welfare Department and

Health Inspector (Grade-I) in Public Health Department in the ratio of 9:1. Section 25 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016) deals with special qualification. Explanation-1 to the said Section 25 of the said Act provides as follows :

"Explanation -1 :

In cases where the special rules prescribe a diploma or a degree or a post-graduate degree as a qualification for appointment, then,- (a) a diploma obtained, after completion of S.S.L.C. or Higher Secondary Course [10+3 (3 Years Diploma)] or [10+2+2 (Lateral Entry)]; or (b) a degree obtained, after completion of S.S.L.C. and Higher Secondary Course (10+2+3 or more); or (c) a post-graduate degree obtained, after completion of S.S.L.C., Higher Secondary Course and a degree (10+2+3+2 or 3) from any University or Institution, recognized by the University Grants Commission shall be recognized as the qualification."

The petitioner is not having educational qualification "a degree" since she has not completed +2, under graduation and she has only completed SSLC and M.A. Sociology through Open University.

5.Besides, it is the contention of the respondents that the

petitioner is not eligible to the promotional post of District Extension Educator, since she is not holding the post in the feeder category. As per Rule 3(a)(ii) of Adhoc Rules for the post of District Extension Educator, the feeder category is Health Inspector (Grade-I) for which, a Village Health Nurse cannot be considered. Further, as per Rule 3(a)(iii) of Adhoc Rules for the post of District Extension Educator, the method of direct recruitment will be considered only when there are no candidates available in the two methods of recruitment, i.e., by promotion or by recruitment by transfer and the appointment through the method of direct recruitment should be made through the recruiting agency, i.e., Tamil Nadu Public Service Commission by following regular recruiting process.

Hence, the petitioner is not entitled to the promotion as sought by her. 6.Heard the learned counsel for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader, appearing for the respondents and perused the entire materials available on record. 7.

"(1) .. 3.Appointment :

Appointment to the post shall be made as follows : (a) (i) by promotion from the category of Block Extension Educator; or (ii)by recruitment by transfer from the category of Health Inspector Grade-I; or (iii)by direct recruitment, if no qualified candidate is available in any of the above methods.

(b) The ratio for appointment among the methods specified in items (i) and (ii) shall be 9:1;

(2) in rule 5, in sub-rule (b), for the Table, the following Table shall be substituted, namely "THE TABLE"

Method of appointment (1) Qualification (2) (i) Promotion or recruitment by transfer (i) A degree;

(ii) Three Months Certificate Course in Information Education and Communication with experience for a period of not less than five years in the respective post; or Post Graduate Diploma in Health Promotion and Education with experience for a period of not less than two years in the respective post;

(ii) Direct recruitment Post graduate degree in Sociology;

8.A perusal of the above Rules makes it clear that appointment to the post of District Extension Educator can be made by way of

promotion from the category of Block Extension Educator or through recruitment by transfer from the category of Health Inspector (Grade-I). Admittedly, the petitioner is not a Block Extension Educator nor Health Inspector (Grade-I). The petitioner is only a Village Health Nurse. Therefore, she cannot claim promotion as per Rule 3(a) of Adhoc Rules. Only when no candidates are available as set out under Rule 3(a)(i) and 3(a)(ii), direct recruitment is permissible as per Rule 3(a)(iii). In such view of the matter, when the petitioner is not even holding the feeder category to the post of District Extension Educator, as a matter of right, she cannot seek promotion to the said post, merely on the ground that she has completed M.A. Sociology through Open University.

It is pertinent to note that the petitioner is not qualified with +2 and Under Graduation, but only Post Graduation in M.A. Sociology, that too, through Open University. Therefore, Section 25 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, disqualifies her from claiming promotion. In such view of the matter, this Court does not find any merit in this writ petition to interfere with the impugned order. N. SATHISH KUMAR, J.

mkn

9.Accordingly, this writ petition is dismissed. No costs. 07.09.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Deputy Director of Health Service, Kallakurichi District.