K.Govindarajan, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)Nos.15395 and 15396 of 2018 K.Govindarajan ... Petitioner in W.P(MD)No.15395/2018 A.Rajamani ... Petitioner in W.P(MD)No.15396/2018 Vs.

1. The State of Tamil Nadu, rep. by is Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Director, Indian Medicine & Homeopathy Department, Chennai - 600 106.

3. The District Siddha Medical Officer, O/o.Siddha Medical Office, Government of Siddha Hospital, Ramanathapuram District.

... Respondents 1-3 in both petitions

4. The Government Primary Health Centre, Thirupalaikudi, Ramanathapuram District.

... Respondent No.4 in W.P.15395/2018

5. The Government Primary Health Centre (Ayurvedha), S.P.Pattinam Ramanathapuram District.

... Respondent No.4 in W.P.15396/2018 Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the representations given by the petitioners dated 09.07.2018 for regularization of their service from 22.12.2009 in the post of Multipurpose Worker from the date of their appointment.

For Petitioner : Mr.K.Samidurai For Respondents : Mr.D.Muruganantham, AGP

COMMON ORDER The prayer sought for in these writ petitions is for a Writ of Mandamus, directing the 3rd respondent to consider the representations given by the petitioners dated 09.07.2018 for regularization of their service from 22.12.2009 in the post of Multipurpose Worker from the date of their appointment. 2.Heard Mr.K.Samidurai, learned counsel appearing for the petitioners and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioners would submit that both the petitioners were appointed as Multipurpose Worker, by order dated 22.12.2009 at the respondent department. Since then, they had been working in the said post. Though they have been serving for nearly about 9 years, their services have not been regularised and they have not been absorbed so far. Therefore, in this regard, both the petitioners had given representations to the respondents on 09.07.2018 and if the said representations of the petitioners are directed to be considered and an order to that effect is directed to be passed, within a time frame, the petitioners would be satisfied. 4.

I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, though the absorption seeking for the petitioners is not a matter of right, taking into account the circumstances of the case and long service rendered by the petitioners so far at the respondent department, the representations given by the petitioners dated 09.07.2018 would be considered on merits and an order to that effect would be passed, within a time frame.

5.In view of the said submissions made by both sides, this Court is inclined to pass the following order: "The respondents are directed to consider the representation of the petitioners dated 09.07.2018 on merits and in accordance with law, and pass orders thereon, within a period of eight weeks from the date of receipt of copy of this order."

6.With the above direction, these writ petitions are disposed of. No costs.

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

To

1. The Secretary to Government, Health and Family Welfare Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Director, Indian Medicine & Homeopathy Department, Chennai - 600 106.

3. The District Siddha Medical Officer, O/o.Siddha Medical Office, Government of Siddha Hospital, Ramanathapuram District.

4. The Government Primary Health Centre, Thirupalaikudi, Ramanathapuram District.

5. The Government Primary Health Centre (Ayurvedha), S.P.Pattinam Ramanathapuram District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 73251 + 2 CC TO Mr.K.SAMIDURAI, ADVOCATE IN SR Nos. 73302 & 73303 ARUL TE/KAK/SAR-3 : 14/08/2018 : 3P/9C W.P(MD)Nos.15395 and 15396 of 2018 17.07.2018