D.Shanmugam v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.23717 of 2024 D.Shanmugam ... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Secretary, Department of Health and Family Welfare, Secretariat, Chennai 9.
2.The District Collector Tirupur, Tirupur District 3.The Director Public Health and Preventive Medicine, Teynampet, Chennai 6.
4.The Deputy Director Health Services Office, Ka.Sa.No. 147 Pooluvapatti Section, Nerupperichal Salai 641602, Tirupur District. 1/6
5.The Medical Officer Primary Health Centre, Kullampalayam, Kundalam, Tirupur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to bring the petitioner's service under time scale of pay with effect from his appointment dated 27.02.2013 as per G.O.Ms.No.325 dated 20.11.2012, on the file of the respondents by regularizing the petitioner's services by considering his representation dated 27.06.2024 within a time stipulated by this Court. For Petitioner : Mr.P.Bhaskar For Respondents : Mr.M.Bindran Additional Government Pleader for R1, R3, R4 and R5 Mr.V.P.R.Elamparithi Additional Government Pleader for R2
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 2/6
27.06.2024, wherein, the petitioner is seeking for brining his services under time scale of pay with effect from the date of his appointment on 27.02.2013 in accordance with G.O.Ms.No.325 dated 20.11.2012. 2.Heard Mr.P.Bhaskar, learned counsel appearing on behalf of the petitioner, Mr.M.Bindran, learned Additional Government Pleader appearing on behalf of respondents 1, 3, 4 and 5 and Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing on behalf of the 2nd respondent. 3.The case of the petitioner is that he was appointed under G.O.Ms.No.325 dated 27.02.2013 in a multi-purpose hospital and he has already completed ten years of service. The petitioner therefore made a representation on 27.06.2024 seeking for bringing his services under time scale of pay with effect from the date of his appointment. To make such a claim, the petitioner is relying upon the above said Government Order. Since the representation was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 3/6
4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st and 4th respondents to deal with the representation made by the petitioner on 27.06.2024 on its own merits and in accordance with law and take a decision, within a period of eight weeks from the date of receipt of copy of this order and convey the same to the petitioner. 5.The petitioner is directed to make a fresh representation to the 1st and 4th respondents along with all the relevant documents and also a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs. 19.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 4/6
To 1.The Secretary State of Tamil Nadu, Department of Health and Family Welfare, Secretariat, Chennai 9.
2.The District Collector Tirupur, Tirupur District 3.The Director Public Health and Preventive Medicine, Teynampet, Chennai 6.
4.The Deputy Director Health Services Office, Ka.Sa.No. 147 Pooluvapatti Section, Nerupperichal Salai 641602, Tirupur District. 5.The Medical Officer Primary Health Centre, Kullampalayam, Kundalam, Tirupur District.
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N. ANAND VENKATESH, J.
ssr W.P.No.23717 of 2024 19.08.2024 6/6