Madras High CourtWP(MD)/1056/2022disposed of

Ananthi Jothi v. The State Of Tamil Nadu

2022-03-24Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P(MD)Nos.887 and 889 of 2022 Ananthi Jothi ... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Principal Secretary to Government, Health and Family Welfare Department, Chennai-600 009.

2. The Director, Department of Public Health and Preventive Medicine, Chennai-600 018.

3. The District Collector, Thoothukudi District @ Thoothukudi.

4. The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

5. The Chair Person, City Health Society, Thoothukudi.

6. The City Health Officer, Urban Primary Health Centre, Ganesh Nagar, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in anyway preventing the petitioner from functioning as Urban Health Nurse in the 6th respondent Health Centre, where she was working until 31.12.2021 and consequently permit her to do her duty without any interruption with all monetary benefits and continuity of service by considering the representation given by her dated 31.12.2021 within the period stipulated by this Court. 1/3

For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.J.Ashok, Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to forbear the respondents from in anyway preventing the petitioner from functioning as Urban Health Nurse in the sixth respondent Health Centre, where she was working until 31.12.2021 and consequently permit her to do her duty without any interruption with all monetary benefits and continuity of service, by considering the representation given by the petitioners dated 31.12.2021. 2.The petitioner in their own affidavit has categorically stated that the order of appointment has been issued by a Private Man Power Agency called AMK-Man Power Services and an order of appointment was issued on 01.03.2016.

3.Though the appointment was made temporarily, it was intended to be made permanently. The mere statement made by the petitioner that the initial appointment was made by the outsourcing agency on temporary basis, cannot be taken into consideration. This being the factum, the petitioner is not entitled to seek any relief against the Government Department and if at all he is aggrieved, he seek relief before the private agency, who engaged him in the manner known to law.

4.With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Principal Secretary to Government, Health and Family Welfare Department, Chennai-600 009.