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Madras High CourtWP(MD)/407/2021disposed of

Saraswathi.K v. The State Of Tamil Nadu

2021-01-11Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Saraswathi ... Petitioner in W.P.(MD).No.407 of 2021 C.Vasugi ... Petitioner in W.P.(MD).No.411 of 2021 S.Subbulaxmi ... Petitioner in W.P.(MD).No.421 of 2021 Vs.

1. The State of Tamil Nadu represented by the Principal Secretary to Government,

3. The State of Tamil Nadu represented by the Secretary to Government,

5. The Block Medical Officer, Kallikudi Block, Madurai District 625 701.

Koodakovil, ... Respondents in 407 of 2021 1/5

1. The State of Tamil Nadu represented by the Principal Secretary to Government,

3. The State of Tamil Nadu represented by the Secretary to Government,

5. The Block Health Officer, T.Kallupatti, Madurai District 625 702.

M.Subbulapuram, ... Respondents in 411 of 2021

1. The State of Tamil Nadu represented by the Principal Secretary to Government,

3. The State of Tamil Nadu represented by the Secretary to Government, 2/5

Sankarankovil, Tenkasi District - 627 756.

5. The Block Health Officer, Illathur, Tenkasi District - 627 756.

Puliyarai, Tenkasi District - 627 756.

... Respondents in 421 of 2021 Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to switch over the petitioners' service of the Village Health Nurse from Contributory Pension Scheme (CPF) to General Provident Fund Pension Scheme (GPF) by calculating the service rendered by the petitioners in the post of Community Nutrition Worker from the year 1983 without any break into the service and continuously joined in the post of Village Health Nurse, in the light of the orders in similarly placed Village Health Nurses appointed before 2004, by considering the representation dated 14.10.2020 made by the petitioners within the time stipulated by this Court.

For Petitioners : Mr.I.Pinaygash, (in all Writ Petitions) For Respondents : Mr.S.Dhayalan, Government Advocate (in all Writ Petitions) C O M M O N O R D E R These writ petitions have been filed for a direction to the respondents to switch over the petitioners' service of the Village Health Nurse from Contributory Pension Scheme (CPF) to General Provident Fund Pension Scheme (GPF), by calculating the service rendered by the petitioners in the post of Community Nutrition Worker from the year 1983, by considering the petitioners' representation, dated 14.10.2020.

2. By consent of both parties, these writ petitions are taken up for final disposal.

3. The case of the petitioners is that initially the petitioners joined as a Community Nutrition Worker in various places and they have completed the Multi Purpose Health Worker Female Training under Kasthuribai Hospital, Gandhigram University, Dindigul District. In the year 2004, after seven years of service as 3/5

Community Nutrition Worker, the petitioners got appointment as Village Health Nurse and served as a Village Health Nurse in different places. The grievance of the petitioners is that the petitioners' earlier service was not calculated for the benefits. Hence, the petitioners have made a detailed representation to the respondents on 14.10.2020, requesting them to switch over from C.P.F. to G.P.F. Pension Scheme. But, the same was not considered so far. Hence, the petitioners have approached this Court by filing these writ petitions.

4. When the matters are taken up for hearing today, the learned counsel appearing for the petitioners would submit that it would suffice, if the representation made by the petitioners dated 14.10.2020, is directed to be considered by the second respondent.

5. The learned Government Advocate appearing for the respondents has no serious objection for considering the petitioners' representation, dated 14.10.2020.

6. Taking note of the said submissions made, the second respondent is directed to consider the representation made by the petitioners, dated 14.10.2020 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.

7. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar (A.S) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To

1. The Principal Secretary to Government, State of Tamil Nadu, 4/5

3. The Secretary to Government, State of Tamil Nadu,

5. The Block Medical Officer, Kallikudi Block, Madurai District 625 701.

Koodakovil, Madurai District 625 022.

7. The Block Health Officer, T.Kallupatti, Madurai District 625 702.

8. The Medical Officer, M.Subbulapuram,

9. The Deputy Director of Health Services, Sankarankovil, Tenkasi District - 627 756.

10. The Block Health Officer, Illathur, Tenkasi District - 627 756.

11. The Medical Officer, Puliyarai, Tenkasi District - 627 756.

+1 CC to the SPL GP SR-1175 & 947.

11.01.2021 KVN(CO) CS(29.01.2021) 5P 13C 5/5