S.Khadirvel v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2015
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.38717 of 2015
1. S.Khadirvel
2. M.Ranganathan
3. R.Illangovan
4. B.Ponnupillai
5. R.Kumaresan
6. A.Devakumar
7. R.Krishnan
8. S.Ranganathan
9. C.Munusamy 10.M.J.Venkatesan ... Petitioners 11.
Vs.
1.The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai-9.
2.The Director of Family Welfare DMS Complex Teynampet, Chennai 3.The Director of Public Health and Preventive Medicine DMS Complex Teynampet, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the first respondent to consider the representation of the petitioners dated 18.11.2015 for promotion to the post of Block Extension Educators within a stipulated period of time. For Petitioners : Mr.S.M.Subramaniam For Respondents : M/s.M.E.Raniselvam, AGP
O R D E R
This writ petition is filed for writ of mandamus directing the first respondent to consider the representation of the petitioners dated 18.11.2015 for promotion to the post of Block Extension Educators.
2.The case of the petitioners is that they were initially appointed as Family Welfare Assistants and subsequently promoted to the post of Block Health Statisticians, the next avenue of promotion is to the post of Block Extension Educator. The Government issued GO.Ms.No.1631 Health and Family Welfare Department dated 15.09.1984, Go.Ms.No.802 dated 26.10.1994 and GO.Ms.No.570 dated 26.11.1996 making amendments to prescribing qualifications for the post of Block Extension Educators. 3.The petitioners further stated the Government has issued GO.Ms.No.140 Health and Family Welfare department dated 18.08.2006 regularising the service of Block Extension Educators, who did not possess the degree qualification by relaxing the service rules. The petitioners made a common representation dated 18.11.2015 seeking for the same benefit.
Since, it was not considered so far, they have came up before this Court by filing the present writ petition. 4.Heard the submissions of Mr.S.M.Subramaniam, learned counsel appearing for the petitioners and M/s.M.E.Raniselvam, Additional Government Pleader who accepts notice on behalf of the respondents.
5.This Court, taking into consideration the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the first respondent to consider the petitioners common representation dated 18.11.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioners. 6.The Writ Petition is disposed of accordingly. No costs. tsh -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai-9.
2.The Director of Family Welfare DMS Complex Teynampet, Chennai 3.The Director of Public Health and Preventive Medicine DMS Complex Teynampet, Chennai.
+ 1 cc to Govt.Pleader SR 66264 + 1 cc to M/s.S.M.Subramaniam, Advocate SR 66182 skv(co) prk22/12 W.P.No.38717 of 2015