N.Surendiran, Age 57, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30185/2015 1.N.Surendiran 2.S.Ambrose 3.B.V.Gneshram 4.S.Sekar 5.R.Jayakumar 6.S.Nandagopal 7.Deivasigamani 8.K.Arumugam ..
Petitioners
Versus
1. The Secretary Government of Tamil Nadu Municipal Administration & Water Supply Department Fort St George, Chennai 600 009.
2. The Commissioner Corporation of Chennai Rippon Building, Chennai 600 003.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to forthwith promote the petitioners as Multi Purpose Health Supervisor with effect from 05.11.1993 as done in the case of Basic Health Worker/Multi Purpose Health Assistant working in Directorate of Public Health Department with all monetary and other benefits including arrears and further promotions.
For Petitioners : Mr.K.Raja For R1 : Mr.S.Gunasekaran, GA For R2 : Mr.G.Anantha Rangan
O R D E R
By consent, the writ petition is taken up for final disposal. The petitioners were appointed as Basic Health Workers in the services of Chennai City Municipal Corporation as they possessed SSLC qualification. The post of Basic Health Worker was also available in the Directorate of Public Health Department with
the same educational qualification and the work performed by the m are equal and they were also given equal scale of pay. Later on, the Government issued G.O.Ms.No.1936, Health and Family Welfare Department, dated 29.09.1982, in and by which, Multi Purpose Health Scheme was introduced in the Directorate of Public Health Department, as a result of which, the post of Health Inspector was re-designated as Multi Purpose Health Supervisor and Basic Health Worker was re-designated as Multi Purpose Health Assistant and the implementation of the said Government Order was from 04.11.1988. According to the petitioners, excepting the change of designation, the work norms remained the same.
It is further stated by the petitioners that the Corporation Council, in its meeting, has also passed a resolution to change the designation as that of the Directorate of Public Health Department. However, it was not introduced so also the revision of the scale of pay on par with their counter-parts in the Directorate of Public Health Department. In this regard, the petitioners submitted representations dated 24.11.2014 and 16.05.2015 to the respondents and since no orders have been passed, they came forward to file this writ petition. Heard the submissions of the learned counsel for the petitioners and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the 1st respondent and Mr.G.Anatha Rangan, learned counsel who accepts notice on behalf of the 2nd respondent.
Though the petitioner has sought for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioners' representation dated 16.05.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.
AP -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To
1. The Secretary Government of Tamil Nadu Municipal Administration & Water Supply Department Fort St George, Chennai 600 009.
2. The Commissioner Corporation of Chennai Rippon Building, Chennai 600 003.
+ 1 cc to Mr.K.Raja, Advocate, SR 52295 + 1 cc to the Govt.Pleader SR 52442 sk(co) prk8/10 W.P.No.30185/2015