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Madras High CourtWP/24356/2016disposed of

K.Natrayan, v. The Secretary To Government Of

2016-08-01Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.24356 of 2016 1.K.Natrayan 2.V.Karthikeyan 3.R.Satheesh Kumar 4.S.Karthick Raja 5.N.Seetha 6.G.Ruba Devi 7.G.R.Vijayalakshmi 8.Silambuselvi 9.S.Manikanden 10.S.Madhan Kumar ..

Petitioners -vs1.The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the respondents to fill up the vacancies in the post of Sanitary Inspector in Local Bodies in terms of the amendment carried out vide G.O.Ms.No.104 dated 20.11.2012 of the Tamil Nadu Municipal Public Health Service Regulations, 1970 as upheld by the decision of this Court in W.A.(MD)No.172 of 2016 dated 23.03.2016 by considering the petitioners herein along with other clarified individuals in the light of the representation made by them.

For Petitioners::

Mr.V.Vijay Shankar For Respondents::

Mr.S.Gunasekaran, Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to fill up the vacancies in

the post of Sanitary Inspector in Local Bodies in terms of the amendment carried out vide G.O.Ms.No.104 dated 20.11.2012 of the Tamil Nadu Municipal Public Health Service Regulations, 1970 as upheld by the decision of this Court in W.A.(MD)No.172 of 2016 dated 23.03.2016, by considering the petitioners herein along with other clarified individuals in the light of the representation made by them.

2.The petitioners have made a representation dated 07.04.2015 with regard to the above prayer to the second respondent. According to the petitioners, their prayer was not considered due to the pendency of the writ petition in W.P.(MD) No.7994 of 2012. Subsequently, the said writ petition was disposed of and an appeal was filed in W.A.(MD)No.172 of 2016 and the same was also disposed of on 23.03.2016, and in view of the said judgment, the learned counsel for the petitioners submit that since the petitioners have got qualification of B.Sc.(Chemistry) as well as the certificate of pass in Sanitary Inspector Course, they are eligible for promotion and hence their case for promotion has to be considered. 3.The learned Additional Government Pleader appearing for the respondents would only contend that the representation of the petitioners will be considered in accordance with law. 4.Heard the learned counsel on either side and perused the materials available on record.

5.The petitioners seek only a direction to the respondents to consider their representation in the light of the judgment of the Division Bench of this Court in W.A.(MD)No.172 of 2016 dated 23.03.2016. It would be appropriate to extract the following paragraphs from that judgment:

"36.Acquisition of qualification prescribed for a post, has to be done by an individual, seeking promotion to the higher post. Members of the petitioner's association cannot claim that there is a mandate on the part of the Department to sponsor their names for training. They have not acquired any vested right, on the basis of the then existing rules, prior to the amendment and hence, the decisions relied on, are not in strict sense, applicable to the facts of this case.

37.At this juncture, it is also to be noted that though in M.P.No.1 of 2012 in W.P.No.7994 of 2012, the petitioner's association has sought for an interim direction, directing the respondents to send the members of the association, for condensed training programme for Sanitary Inspector course,

for not taking notice for respondents 2 to 4, the said petition has been dismissed for default. They have not even revived the petition.

38.Though the Writ Court has taken note of the amendment made in the abovesaid Rules, pending disposal of the writ petition, for the reasons, stated supra, this Court is of the view that the members of the petitioner's association are not entitled to the relief sought for. Hence, Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petitions are also closed."

6.Considering the submissions made, suffice it to direct the respondents to consider and pass appropriate orders on the representation of the petitioners dated 07.04.2015 in the light of the judgment of this Court in W.A.(MD)No. 172 of 2016 dated 23.03.2016, within a period of eight weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

+1cc to Mr.V.Vijay Shankar, Advocate Sr.43679 +1cc to the Government Pleader Sr.43623 W.P.No.24356 of 2016 ad[co] srg 29/08/2016