Secretary To The Government Of Tamilnadu v. K.Premalatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2019 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.2944 of 2019 1.Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.Deputy Director of Health Services, Kallakurichi, Villupuram District.

.. Appellants vs.

K.Premalatha .. Respondent Appeal filed under Clause 15 of the Letters Patent against the order dated 08.4.2019 passed in W.P.No.1736 of 2016 on the file of this Court.

Prayer in W.P.No.1736 of 2016:

Writ Peition filed under Article 226 of the Constitution of India, in the nature of Certiorarified mandamus by calling for records pertaining to the order passed by the Secretary to the Government of Tamil Nadu Health and Family Welfare Depatment in Letter not appearing in person or by an Advocate.28963/R1/2016-1 dated 06.08.2016 and quash the same and direct the respondent to recruit the petitioner by direct recruitment to the post of District Extension Educator.

For Appellants : Mrs.A.Shrijayanthi Special Government Pleader For Respondent : Mr.Jermiah

JUDGMENT

(Delivered by The Hon'ble Chief Justice) Heard learned for the appellants and learned counsel for the respondent/petitioner.

2. The appeal is directed against the impugned judgment dated 08.4.2019 of the learned Single Judge whereby the respondent/ petitioner has been extended the benefit of a promotional post on the ground that she has a degree of Post Graduation in Public Health Promotion and thus she satisfies the requirements as per the prevailing method of appointment.

3. The contention of the learned counsel for the State is that the conclusion drawn by the learned Single Judge is contrary to the methodology of recruitment as provided for in the Government Order dated 13.08.2010, inasmuch as there are three methods of recruitment viz., by way of promotion; by way of transfer and by way of direct recruitment. The respondent/petitioner was seeking her rights to be considered by way of promotion while she was holding the post of Village Health Nurse. According to the learned counsel for the appellants, promotional post of District Extension Educator was being claimed by the respondent/petitioner in spite of the fact that she did not have the minimum status of being a Block Extension Educator or Health Inspector Grade-II, which is the feeder cadre for promotion.

The contention therefore is that the learned Single Judge without appreciating the aforesaid Rules has issued a direction merely on the assumption of eligibility of the respondent/petitioner, without adhering to the Rules aforesaid which provide for promotion from a particular post to another post which was not held by the respondent/petitioner.

4. Learned counsel for the respondent/petitioner, however, urged that the respondent/petitioner is a widow and she has been waiting for her claim to the higher post, inasmuch as had the appellants advertised the post for direct recruitment, she being eligible could have applied for even if she was not entitled to promotion.

The submission on behalf of the respondent/petitioner therefore appears to be that an opportunity to seek higher post is being denied on account of the inaction of the appellants and such inaction cannot be made the basis for denying the respondent/petitioner a chance of promotion or promotional avenue in the hierarchy of the aforesaid service cadre.

5. We have considered the submissions raised and we may express our sympathy keeping in view the long years of almost 30 years of service having been put in by the respondent/petitioner

that too even in a remote area of Kalrayan Hills, but at the same time, such sympathy cannot override the law and the learned Single Judge appears to have issued the writ without taking into account the aforesaid Government Order dated 13.8.2010.

6. We, therefore, cannot sustain the impugned judgment dated 08.4.2019 which is hereby set aside, but without prejudice to the rights of the respondent/petitioner to seek her remedy against any other post or post in question by way of the methodology provided for under the Government Order. The appellant State shall be obligated to take steps for providing such an opportunity to the respondent/ petitioner and pass appropriate orders to that effect, preferably within a period of three months from today.

7. The appeal is allowed, subject to the aforesaid observation. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar bbr 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 Services, Kallakurichi, Villupuram District.

+1cc to Ms.T.Ramadevi, Advocate, SR.No.106528. +1cc to Government Pleader, SR.No.106681.

W.A.No.2944 of 2019 PPA(CO) CSR:10/01/2020