R.V.Veluchamy v. The State Of Tamilnadu
In the High Court of Judicature at Madras Dated : 28.08.2017 Coram :
The Honourable Mr.Justice S.M.SUBRAMANIAM W.P.Nos.4776 to 4802 of 2016 R.V.VELUCHAMY ...PETITIONER IN WP.4776 OF 2016 N.THANGARAJ ... PETITIONER IN WP.4777 OF 2016 S.KARUPPANAN ... PETITIONER IN WP.4778 OF 2016 K.V.MARAN ... PETITIONER IN WP.4779 OF 2016 S.MOHAN ... PETITIONER IN WP.4780 OF 2016 V.SHANMUGAM ... PETITIONER IN WP.4781 OF 2016 N.SELVANARAYANAN ... PETITIONER IN WP.4782 OF 2016 K.CHANDRA BOSE ... PETITIONER IN WP.4783 OF 2016 S.CHRISTIAN PETER THOMAS ... PETITIONER IN WP.4784 OF 2016 M.SHAHUL HAMEED ... PETITIONER IN WP.4785 OF 2016 G.MANI ... PETITIONER IN WP.4786 OF 2016 G.SIVATHI ... PETITIONER IN WP.4787 OF 2016 A.BALASUBRAMANIAN ... PETITIONER IN WP.4788 OF 2016 T.MUTHU KOORI ... PETITIONER IN WP.4789 OF 2016 S.MUNIANDI ... PETITIONER IN WP.4790 OF 2016 U.GURUSAMY ... PETITIONER IN WP.4791 OF 2016 S.
SARADHA MURUGANANDHAM ... PETITIONER IN WP.4792 OF 2016 A.BARUDULLAH MUTHALIBU ... PETITIONER IN WP.4793 OF 2016 S.SRINIVASAGAM ... PETITIONER IN WP.4794 OF 2016 G.MURUGANANTHAM ... PETITIONER IN WP.4795 OF 2016 A.MOHAMED ABDUL KADHER ... PETITIONER IN WP.4796 OF 2016 A.MUTHU ... PETITIONER IN WP.4797 OF 2016 N.GANGATHARAN ... PETITIONER IN WP.4798 OF 2016 K.VELU ... PETITIONER IN WP.4799 OF 2016 P.MAYALAGU ... PETITIONER IN WP.4800 OF 2016 K.PANCHACHARAM ... PETITIONER IN WP.4801 OF 2016 K.VAIRAN ... PETITIONER IN WP.4802 OF 2016 Vs.
1. The State of Tamil Nadu, rep by its Director of Public Health and Preventive Medicine, D.M.S. Compound, Chennai - 600 006.
2. The State of Tamil Nadu, rep by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
... Respondents in all the WPs
Prayer in W.P.Nos.4776 to 4802 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to regularize the petitioner service in the cadre of Health Inspector with effect from the date of completion of Sanitary Inspector Course with all consequential monetary and other benefits as covered and directed under order in W.P.No.29794 of 2005 batch dated 13.07.2007 which was confirmed by Hon'ble Supreme Court of India in Civil Appeal No.6660 of 2011 batch dated 25.02.2015.
For Petitioner : Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondents : Mr.R.S.Selvam, Government Advocate C O M M O N O R D E R The common relief sought for in all these batch of writ petitions is for a direction to direct the respondents to regularise the service of the petitioners in the cadre of Health Inspector with effect from the date of completion of their respective Sanitary Inspector Course with all service and other consequential benefits.
2. The learned counsel appearing for the writ petitioners states that all the writ petitioners were initially appointed as Health Workers in the department of Public Health and they have completed their respective Sanitary Inspector Course and made themselves eligible to become a regular employee of the Public Health Department. However, there is a delay in grant of regularisation of service to the writ petitioners by the Department and the same is not a fault of the writ petitioners and it was an administrative delay on the part of the department in passing orders of regularisation.
3. In this regard, a batch of writ petitions were filed before this Court and the Hon'ble Division Bench passed final orders dated 13.7.2007 in writ petition Nos.29794 of 2005 etc. batch, wherein, in paragraph Nos.9 to 12, the Hon'ble Division Bench has held as follows:-
9. Though at the time of their initial appointment the petitioner had not possessed the prescribed qualification, viz., Sanitary Inspector Course Certificate, the Government has chosen to appoint them in the Health Services, when they have gained the qualification subsequent to the appointment, they were not considered for promotion. On
the other hand, the Government should have considered them for promotion instead of ignoring their legal claim to regularise their services and promotion as Health Inspector to avoid stagnated promotion to create unrest among the employees by virtue of not considering the cases of the petitioners and implementing the orders of its own and the Tribunal. Further, while passing the order on 05.03.1996, the Government directed the Medical Officers of the Primary Health Centres in all the Districts to regularise their services from the date of their first appointment, but they have taken a different stand in the counter affidavit depriving the right of the petitioners by not regularising their services from the date of acquiring qualification for promotion, which is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
10.In the light of the above, the respondents are directed to consider the case of the petitioners with regard to regularisation of their services with retrospective effect and thereafter, giving promotion as per the seniority list prepared by the Government by virtue of proceedings dated 05.03.1996 and the order of Tribunal dated 10.08.2001 and also the consequential G.O.(D) No.359 Health and Family Welfare (N2) Department dated 26.4.2004, within a period of 12 weeks from the date of receipt of a copy of this order.
11.It is brought to our notice that some of the writ petitioners have retired from service after attaining the age of superannuation. If that is so, they are entitled for regularisation from the date they have acquired qualification and consequential monetary benefits and the respondents are directed to pay the same to them within the stipulated period.
12.The writ petitions are ordered with the above directions. No Costs.
4. Challenging the same, the State preferred a Civil Appeal in Civil Appeal No.6660 of 2011 and the Hon'ble Supreme Court of India confirmed the orders passed by the Hon'ble Division Bench of this Court by Judgment dated 25.02.2015 as follows:-
10. We have heard learned counsels for the parties to the lis and have carefully perused the records of the case. We find no infirmity in the order(s) passed by the High Court.
11. Therefore, in our considered opinion, we do not see any good ground to interfere with the judgment and order passed by the High Court. Accordingly, the civil appeals are dismissed.
Ordered accordingly.
Based on these judgments, the writ petitioners submitted their respective representations to the respondents in May 2015 and no orders has been passed for the past about two years.
5. In view of the above, the respondents are directed to consider the representation submitted by the writ petitioners in May 2015 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of copy of this order. Accordingly, the writ petitions are disposed of, However, No order as to costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sli To
1. The Director of Public Health and Preventive Medicine, State of Tamil Nadu, D.M.S. Compound, Chennai - 600 006.
2. The Secretary to Government, Health and Family Welfare Department, State of Tamil Nadu, Fort St.George, Chennai - 600 009.
W.P. Nos.4776 of 2016 etc., and batch SKS(CO) GN(22/09/2017)