Madras High CourtWP(MD)/11295/2019disposed of

J.Lakshmi v. The State Of Tamilnadu

2019-04-30Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.11295 and 11296 of 2019 W.P(MD)No.11295 of 2019:

J.Lakshmi ... Petitioner vs.

1.The State of Tamilnadu, Rep.by Secretary, Fort St. George, Publice Health and Preventive Medicine, Kuppanasarypatty, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 21.03.2018 to regularize her service for the post of Female Nursing Assistant from the date of her appointment on 25.09.2006 as a sanitary worker with all monetary and service benefits within the time stipulated by this Court.

W.P(MD)No.11296 of 2019:

Valarmani ... Petitioner vs.

1.The State of Tamilnadu, Rep.by Secretary, Fort St. George, Public Health and Preventive Medicine, Kuchanur, Uthamapalayam Taluk,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 21.03.2018 to regularize her service for the post of Female Nursing Assistant from the date of her appointment on 25.09.2006 as a sanitary worker with all monetary and service benefits within the time stipulated by this Court.

For Petitioners : Mr.P.Muthusamy For R1 to R5 : Mr.C.M.Mari Chellaiah Prabhu, Additional Government Pleader in both writ petitions.

COMMON ORDER These writ petitions have been filed seeking a direction to the respondents 1 to 3 to consider the petitioners' representations dated 21.03.2018 to regularize their services for the post of Female Nursing Assistant from the date of their appointments on 25.09.2006 as sanitary workers with all monetary and service benefits. 2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petitions are taken up for final disposal at the stage of admission itself.

3.The learned counsel appearing for the petitioners submitted that the petitioners made their respective representations dated 21.03.2018 to the respondents seeking to regularise their services as Female Nursing Assistants from the date of their appointments and the same have not been considered so far by the respondents. The learned counsel further submitted that this Court has passed orders in respect of the same relief in W.P(MD)No.18049 of 2018 dated 31.01.2018, directing the second respondent therein to pass appropriate orders in favour of the writ petitioners therein in terms of G.O.Ms.No.340, Health and Family Welfare Department, dated 02.12.2010 and therefore, prayed for passing a similar order in the present writ petition also.

4.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the representations of the petitioners would be considered in the light of the order passed by this Court in W.P(MD)No.18049 of 2018 dated 31.01.2018 and appropriate orders be passed by the respondents 1 to 3. 5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioners' representations dated 21.03.2018, in the light of the order passed by this Court in W.P(MD)No.18049 of 2018 dated 31.01.2018 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners.

6.The writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS)

mj To 1.The Secretary, Fort St. George, Chennai.

Public Health and Preventive Medicine, Kuppanasarypatty, 6.The Medical Officer, Kuchanur, +2 CC to M/s.P.MUTHUSAMY, Advocate ( SR-64345, 64346,[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-64931[F] dated 02/05/2019 ) W.P(MD) Nos.11295 & 11296 of 2019 30.04.2019 ES/20.05.2019/4P/10C