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Madras High CourtWP/30039/2018disposed of

Merit, v. State Of Tamil Nadu,

2018-11-19Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.30039 of 2018 and W.M.P.No.35049 of 2018 Merit ... Petitioner Vs 1.State of Tamil Nadu, Rep.by its Secretary, Department of Public Health & Family Welfare, Fort St.George, Chennai - 600 009.

2.The Director of Public Health & Preventive Medicine, D.M.S.Compound, Teynampet,Chennai - 600 006. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus,directing the respondents to appoint the petitioner to the post of Health Inspector Grade - II.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.A.N.Thambidurai Special Government Pleader

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this writ petition seeking a directing to the respondents to appoint her to the post of Health Inspector, Grade-II.

3. The learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents jointly submitted that the issue involved in this writ petition is squarely covered by the earlier order of this Court dated 02.03.2016, in W.P.Nos.7616 to 7618 of 2016, the operative portion of which, reads as follows:- "5.It is an admitted fact that the petitioners have registered their names in the Employment Exchange and their juniors were

considered for the post of Health Inspector Grade II, over looking the seniority maintained in the Employment Exchange. In Sureshkumar's case (WP.No.29137 of 2015 dated 16.10.2015), this Court has given a specific direction to the respondents therein to appoint the petitioner therein as Health Inspector Grade-II in the light of the G.O.Ms.No.305, dated 22.9.2009, by taking into consideration paragraph No.8 of the said order and has also given liberty to the petitioner therein to submit a representation to the respondents 1 and 2 therein with regard to the Seniority and other consequential benefits, which may arise out of the said order, and on receipt of the same, the respondents therein are directed to consider and pass orders. It is relevant to extract paragraphs 11 and 12 of the said order,which read as follows:

"11.In the result, the writ petition is allowed and the impugned order dated 20.9.2011, passed by the second respondent, is set aside and the respondents 1 and 2 are directed to appoint the petitioner as Health Inspector Grade-II in the light of the G.O.Ms.No.305 of the first respondent dated 22.9.2009, by taking into consideration paragraph No.8 of the said order and are further directed to complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

12.Insofar as the seniority and other consequential benefits, which may arise out of this order, the petitioner is at liberty to submit a representation to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order and the respondents on receipt of the same, are directed to consider it on merits and in accordance with law, after putting on notice, the persons concerned, and pass orders thereon within a period of eight weeks thereafter and communicate the decision taken, to the petitioner as well as to the persons concerned. No costs.

Consequently, connected miscellaneous petition is closed."

6. Since the petitioners herein are also similarly placed persons as that of the petitioner in the above said writ petition, their cases should also be considered by the respondents in the light of the G.O.Ms.No.305, dated 22.9.2009. Accordingly, following the above said order, these writ petitions are allowed and the respondents are directed to appoint the petitioners as Health Inspector Grade-II, in the light of the G.O.Ms.No.305 of the first respondent dated 22.9.2009, by taking into consideration paragraph No.8 of the above said order, if they are otherwise qualified. The respondents are further directed to complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioners.

7. Insofar as the seniority and other consequential benefits, which may arise out of this order, subject to the eligibility of the petitioners, the petitioners are at liberty to submit a representation to the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider it on merits and in accordance with law, after putting on notice to the persons concerned, and pass orders thereon within a period of eight weeks thereafter and communicate the decision taken to the petitioners as well as to the persons concerned. No costs. Consequently, connected miscellaneous petitions are closed."

4. Following the aforesaid order, this writ petition stands disposed of, directing the respondents to consider the case of the petitioner and appoint her to the post of Health Inspector Grade-II, in the light of G.O.Ms.No.305, dated 22.9.2009, by taking into consideration paragraph No.8 of the above said order, if she is otherwise qualified. The said exercise shall be completed by the respondents, within a period of eight weeks from the date of receipt of a copy of this order. Insofar as the seniority and other consequential benefits, subject to the eligibility of the petitioner, the petitioner is at liberty to submit a representation to the respondents, on receipt of the order as directed by this Court and the respondents are directed to consider it on merits and in accordance with law, after putting on notice to the persons concerned, and pass orders

thereon within a period of eight weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ms To 1.The Secretary, State of Tamil Nadu, Department of Public Health & Family Welfare, Fort St.George, Chennai - 600 009.

2.The Director of Public Health & Preventive Medicine, D.M.S.Compound, Teynampet, Chennai - 600 006.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.78973 +1cc to the Government Pleader, S.R.No.79167 W.P.No.30039 of 2018 RGN(CO) rrs 11/02/2019