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Madras High CourtWP/7963/2022disposed of

Lalitha S v. The Principal Secretary

2023-09-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Lalitha S ... Petitioner Vs.

1.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St George, Chennai -600 001.

2.The Director, Medical and Rural Health Services, Chennai - 600 006.

3.The Member Secretary, Medical Services Recruitment Board (MRB), 7th Floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai-600 008.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ order or direction in the nature of a Writ of Mandamus, directing the 1st and 2nd respondent herein to regularize the appointment of the petitioner with effect from 16.09.2015 being the date of initial appointment with all pay & service benefits pursuant to the representation of the petitioner dated 02.03.2021 the same.

For Petitioner : Mr.Puhazh Gandhi.P For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader-R1 & R2 Mr.L.Murugavelu-R3 Page No.1 of 4

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to regularize the appointment of the petitioner with effect from 16.09.2015 being the date of initial appointment with all pay & service benefits pursuant to the representation, dated 02.03.2021. 2.The contention of the petitioner is that she has been appointed as Nurse on 16.09.2015 on consolidated pay of Rs.7,700/- p.m., with an annual increase of Rs.500/- per year till she is absorbed into regular vacancies as per the seniority in selection and she joined duty on 23.09.2015. The petitioner was received an order of regularization on 09.03.2019 and directed to join duty at Government Headquarters Hospital, Erode. However, the authorities provided the regular pay and benefits from the date of the order and not from the date of the initial appointment i.e., 16.09.2015. In this regard, the petitioner has given representation to the respondents on 02.03.2021 to regularize the service from the date of initial appointment, however, no action has been taken. Hence, seeks direction of this Court. Page No.2 of 4

3.Considering the limited scope of relief sought for in this Writ Petition, the respondents are directed to consider the representation of the petitioner, dated 02.03.2021 and pass orders on merits and in accordance with law, within a period of two months, from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition stands disposed of. No costs.

27.09.2023 (3/5) Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St George, Chennai -600 001.

2.The Director, Medical and Rural Health Services, Chennai - 600 006.

Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 3.The Member Secretary, Medical Services Recruitment Board (MRB), 7th Floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai-600 008.

27.09.2023 (3/5) Page No.4 of 4