Two Years Diploma Medical v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Two Years Diploma Medical Laboratory Technician Assn Rep. by its Secretary N. Nivas Chakravarthy :
Petitioner versus 1.The State of Tamil Nadu Rep by its Secretary to Government Health and Family Welfare Department Fort St.George, Chennai 9 2.The Director of Medical Education 162, EVR Periyar Salai, Kilpauk, Chennai 10 3.The Director of Medical and Rural Health Services Medical and Rural health Services 361, DMS Complex, Anna Salai, Chennai 6 4.The Director of Public Health & Preventive Medicine 359, Anna Salai, Teynampet, Chennai 6 5.The Medical Services Recruitment Board Rep by its Chairman 7th Floor, DMS Building, 359, Anna Salai Teynampet Chennai 6 : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that Clause 3 Class III in Category 2 in Branch IV under Section 21 of the Tamil Nadu Medical Subordinate Services is arbitrary in so far as it enables the Lab Technician Grade III coming under the Tamil Nadu Public Health Subordinate Service to get appointed by Recruitment by Transfer to the post of Laboratory Technician Grade II coming under the Tamil Nadu Medical Subordinate Service and consequently forbear the 3rd respondent from filling up of the post of Laboratory Technician Grade II by Recruitment by Transfer of persons holding the post of Lab Technician Grade III. For the Petitioner :
Mr.Venkatavaradhan For Respondents 1 to 4 :
Mr.P.Muthukumar, State Government Pleader For Respondent No.5 :
Mr.L.Murugavelu
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Venkatavaradhan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, appearing for respondents 1 to 4 and Mr.L.Murugavelu, learned counsel appearing for the fifth respondent.
2. The petitioner is seeking declaration that Clause 3 Class III in Category 2 in Branch IV under Section 21 of the Tamil Nadu
Medical Subordinate Services is arbitrary insofar as it enables the Lab Technician Grade III coming under the Tamil Nadu Public Health Subordinate Service to get appointed by recruitment or transfer to the post of Laboratory Technician Grade II coming under the Tamil Nadu Medical Subordinate Service.
3. The learned counsel for the petitioner submits that advertisement was issued for recruitment of 524 laboratory technicians Grade II. However, the same was not proceeded with and by transfer, posts were being filled-in.
4. An affidavit is filed by the fifth respondent to the effect that 524 vacancies were notified and the same were filled-in by recruitment. The candidates were issued with appointment and posting orders by the Director of Medical and Rural Health Services, Chennai and the Director of Medical Education, Chennai. Those 524 candidates have also joined duty.
5. In light of that, the major grievance of the petitioner stands redressed.
6. If an aggrieved party assails the provisions that are the subject-matter of the present writ petition, the same would be considered in appropriate proceedings.
7. The writ petition accordingly stands disposed of. There will be no order as to costs. Consequently, WMP No.29292 of 2018 is closed.
(S.V.G., CJ.) (D.B.C., J.) 18.12.2023 Index : Yes/No : Yes/No tar
To 1.The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai 9 2.The Director of Medical Education 162, EVR Periyar Salai, Kilpauk, Chennai 10 3.The Director of Medical and Rural Health Services Medical and Rural health Services 361, DMS Complex, Anna Salai, Chennai 6 4.The Director of Public Health & Preventive Medicine 359, Anna Salai, Teynampet, Chennai 6 5.The Chairman Medical Services Recruitment Board 7th Floor, DMS Building, 359, Anna Salai Teynampet Chennai 6
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 18.12.2023