Natarajan. M v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
1. M.Natarajan
2. P.Mahalakshmi
3. T.Devi
4. J.Nagarathinam
5. P.Pandiselvi
6. Chinnammal
7. P.Padmavathi
8. Grachyhepshiba
9. Paurdevagi ... Petitioners Vs.
1. The State of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. The Director / Commissioner, Arignar Anna Complex, Arumbakkam, Chennai - 600 106.
3. The District Siddha Medical Officer, Virudhunagar, Virudhunagar District.
4. The District Siddha Medical Officer, Theni, Theni District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to regularize the services of the petitioners and absorb them in the regular existing vacancies in the time scale of pay in the post of Multipurpose Workers / Hospital basic servants in the Group-D Cadre Post in the Government Primary Health Centers in the respective Districts or in Hospitals run by Health and Family Welfare Department, based on the petitioners' representation dated 28.12.2022. For Petitioners :
Mr.Raja Karthikeyan For Respondents :
Mrs.K.Christy Theboral Additional Government Pleader
O R D E R
This Writ Petition has been filed for a direction to the respondents to regularize the services of the petitioners and absorb them in the regular existing vacancies in the time scale of pay in the post of Multipurpose Workers / Hospital basic servants in the Group-D Cadre Post in the Government Primary Health Centers in the respective Districts or in the Hospitals run by the Health and Family Welfare Department, based on the petitioners' representation, dated 28.12.2022.
2. The case of the petitioners is that they were appointed as part time Multipurpose Workers in the Government Primary Health Centres in the respective Districts or in Hospitals run by Health and Family Welfare Department and they were recruited by regular recruitment process through Employment Exchange. It is an admitted fact that if the employees are appointed by regular recruitment process and worked in full time employment in the sanctioned post, they are entitled to get regularization and permanency of service. Hence, they submitted representation on 28.12.2022 seeking regularisation of services. But, till date, no order was
passed. Therefore, the petitioners have filed the present Writ Petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioners would submit that it would suffice, if the respondents are directed to consider the representation of the petitioners, dated 28.12.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the respondents to consider the petitioners' representation, dated 28.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
08.02.2023 (2/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. The Director / Commissioner, Arignar Anna Complex, Arumbakkam, Chennai - 600 106.
3. The District Siddha Medical Officer, Virudhunagar, Virudhunagar District.
4. The District Siddha Medical Officer, Theni, Theni District.
M.DHANDAPANI,J.
vji 08.02.2023 (2/2)