N.Elangovan, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2015
CORAM
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.NO.9821 OF 2015 AND M.P.NO.1 OF 2015
1. N. Elangovan
2. P. Mani
3. K. Rajakumar
4. S. Nagarajan
5. A. Ganapathy
6. A.E.Sudhakaran
7. M. Sasikala
8. K. Rajendran
9. C. Perinbaraj
10. V. Selvam
11. R. Murugan
12. V. Palpandian
13. P. Alagusenbagam
14. B. Parasuraman
15. J. Maneksha .. Petitioners
Versus
1. The Secretary to Government of Tamil Nadu Health and Family Welfare Department Secretariat, Chennai - 600 009.
2. The Director of Family Welfare D.M.S.Complex, No.35-A, Anna Salai, Teynampet, Chennai - 600 006.
3. The Director of Public Health and Preventive Medicine, D.M.S.Complex, Teynampet, Chennai - 600 006.
..
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the 1st respondent herein pertaining to G.O.Ms.No.154 dated 11.03.2004, quash the same and to direct the 2nd respondent herein to promote the petitioners to the next promotional post of Block Extension Educator in accordance with the promotional norms.
For Petitioners :
Mr.G.Purushothaman For Respondents :
Mr.V.Jayaprakash Narayanan Special Government Pleader
O R D E R
Heard the submissions made by the learned counsel for the petitioners and perused the materials available on record. 2.The petitioners have sought to question the Government Order in G.O.Ms.No.154, Health and Family Welfare (AC) Department, dated 11.03.2004 on the ground that the same has deprived promotion to the petitioners to the post of Block Extension Educator. 3.The learned counsel for the petitioners has submitted that the petitioners would be satisfied, if the writ petition is disposed of directing the first respondent to consider the recommendation of the second respondent dated 30.12.2013 and pass orders thereon. According to him, the said Government Order is passed based on the recommendation dated 20.05.2003 of the then Director of Family Welfare, Chennai. After ten years, the second respondent felt that injustice is done to the petitioners and has made recommendations and if his recommendation is considered by the first respondent and appropriate order is passed, it would redress the grievance of the petitioners.
4.In view of the narrow prayer made, without expressing anything on merits, the writ petition is disposed of directing the first respondent to consider recommendation of the second respondent dated 30.12.2013 and pass orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar(LA) True Copy Sub-Assistant Registrar To
1. The Secretary to Government of Tamil Nadu Health and Family Welfare Department Secretariat, Chennai - 600 009.
2. The Director of Family Welfare D.M.S.Complex, No.35-A, Anna Salai, Teynampet, Chennai - 600 006.
3. The Director of Public Health and Preventive Medicine, D.M.S.Complex, Teynampet, Chennai - 600 006.
+ 1 cc to Govt. Pleader SR 18997 + 1 cc to Mr.G.Purushothaman, Advocate SR 19052 rk(co) prk21/4 W.P.NO.9821 OF 2015