Dr.S.Selvakumar v. Govt. Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.Dr.S.Selvakumar 2.N.Yamuna 3.Sivaporkodi 4.N.Thenmozhi ... Petitioners Vs.

1.Government of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.Government of Tamil Nadu, Represented by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

3.The Director, Public Health and Preventive Medicine, No.395, Anna Salai, Chennai - 600 006.

4.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

5.The Assistant Commissioner, (General Administration and Personnel) Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to forthwith upgrade the 1st petitioner, being Chief Vector Control Officer to the minimum pay of Rs.61,900/- (Level 26 of Rs.61900-196700) with effect from 22.10.2018 on par with Chief Entomologists of Public Health Department and upgrade the 2nd to 4th petitioners being Senior Entomologist to minimum pay of Rs.59,300/- (Level 25 of Rs.59300187700) with effect from 22.10.2018 on par with Senior Entomologists of Public Health Department with all monetary and other attendant benefits. For Petitioners : Mr.K.Raja For R1 to R3 : Mr.V.Jeevagiridharan Additional Government Pleader For R4 and R5 : Mr.S.Gopinathan

O R D E R

This writ petition has been filed to direct the respondents to forthwith upgrade the 1st petitioner, being Chief Vector Control Officer, to the minimum pay of Rs.61,900/- (Level 26 of Rs.61900-196700) with effect from 22.10.2018 on par with Chief Entomologists of Public Health Department and upgrade the 2nd to 4th petitioners, being Senior Entomologist, to minimum pay of Rs.59,300/- (Level 25 of Rs.59300-

187700) with effect from 22.10.2018 on par with Senior Entomologists of Public Health Department with all monetary and other attendant benefits. 2.The grievance of the petitioners is that their counterparts working in the Public Health Department of Government of Tamil Nadu have been given the benefits of G.O.(Ms).No.492, Health and Family Welfare (L2) Department, dated 22.10.2018, whereas, the same has not been extended to the petitioners who are working in the Corporation. The petitioners further state that the 3rd respondent has recommended to extend the benefits of the said Government Order to the petitioners and the recommendation has also been accepted by the Government vide their letters dated 15.06.2022 and 27.06.2022, by directing the 4th respondent to take necessary action.

However, it is the grievance of the petitioner that the orders of the Government have not been implemented by the 4th respondent. In this regard, the petitioners have also submitted representations dated 26.10.2022, 17.04.2023 and 19.05.2023, however, the same are still pending with the 4th respondent. Hence, the writ. 3.Heard the learned counsel for the petitioner, Mr.V.

notice for the respondents 1 to 3 and Mr.S.Gopinathan, learned counsel, who takes notice for the respondents 4 and 5. 4.Considering the limited nature of relief sought for in the present writ petition and also considering the fact that further action is now pending at the hands of the 4th respondent, there shall be a direction to the 4th respondent to take immediate steps in pursuance of the approval of the Government and place it before the Council for passing appropriate resolution in this regard. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs.

30.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order

To 1.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

3.The Director, Public Health and Preventive Medicine, No.395, Anna Salai, Chennai - 600 006.

4.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

5.The Assistant Commissioner, (General Administration and Personnel) Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

N. SATHISH KUMAR, J.

mkn 30.08.2023