S.Parameswari v. Director Of Public Health And Preventive Medicine

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Parameswari ... Petitioner Vs.

1.Director of Public Health & Preventive Medicine, Chennai 600 006 2.Deputy Director of Health Service, Dharapuram ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the petitioner's representation dated 22.08.2024 regarding promotion to the post of Junior Assistant taking into account her qualifications at the time of appointment in the light of the Judgment passed by this Court in W.P.No.19194 of 2022 dated 08.01.2024, within a time frame as deem fit and proper by this Court.

For Petitioner : Mr.G.Bala for M/s.G.Bala and Daisy For Respondents : Mr.K.Tippu Sultan Government Advocate

O R D E R

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By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the first respondent herein to consider and pass orders on the petitioner's representation dated 22.08.2024 regarding promotion to the post of Junior Assistant taking into account her qualifications at the time of appointment in the light of the Judgment passed by this Court in W.P.No.19194 of 2022 dated 08.01.2024, within a time frame as deem fit and proper by this Court.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner's husband Mr.R.Senthilkumar, was appointed as Sweeper in Government Primary Health Center, Vellakoil, Erode District on 16.05.2008 and he died on 01.06.2011 while he was in service. Thereafter, the petitioner was appointed as Sanitary Worker on the death of her husband on 27.10.2015 2/6

and she has been working in the Respondent-Department for more than 9 years. It is her submission that on the date of appointment itself, the petitioner was possessing degree qualification, therefore, she is eligible to be appointed as Junior Assistant. However, the respondents without considering the relevant Government Orders, appointed the petitioner as a Sanitory Worker. Hence, she has sent a representation dated 22.08.2024 seeking appointment as Junior Assistant and such representation is pending with the respondents.

5. At this juncture, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 22.08.2024 is bereft of any details. Therefore, if any detailed representation comes, they will consider the same according to it's own merits and in accordance with law.

6. In such view of the fair submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the petitioner to submit a fresh detailed representation to the respondents, within a period two weeks from the date of receipt of copy of this order and if such representation is received, the respondents are directed to consider the same and pass orders 3/6

on it's own merits and in accordance with law, within a further period of eight weeks.

7. With the above directions, the Writ Petition is disposed of. No costs. 22.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.Director of Public Health & Preventive Medicine, Chennai 600 006 2.Deputy Director of Health Service, Dharapuram 5/6

C.KUMARAPPAN, J.

dm 22.07.2025 6/6