Madras High CourtWP(MD)/990/2019disposed of

Rajasekar, v. The Government Of Tamilnadu

2024-09-09Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.823 of 2019 1.Rajasekar 2.Muthu Prabhu 3.Andi 4.Nagarajan 5.Vijayakumar ... Petitioners -vs1.The Government of Tamil Nadu rep.by its Secretary Department of Health and Family Welfare Fort St.George, Chennai-600 009 2.The Government of Tamil Nadu rep.by its Secretary Department of Finance Fort St.George, Chennai-600 009

3.The Accountant General O/o.Principal Accountant General (Accounts and Entitlements) Tamil Nadu No.361, Anna Salai, Chennai-600 018 4.The Director Department of Public Health Kilpauk, Chennai-600 006 5.The Deputy Director Department of Public Health Sivakasi Virudhunagar District-626 124 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to regularize the petitioners' appointment as Multipurpose Hospital Worker in pursuance of the G.O.Ms.No. 325, Health and Family Welfare (F2) Department, dated 20.11.2012 from the date of their joining in their respective place of work and post along with backwages on considering the petitioners' representation dated 08.10.2018. For Petitioners :

Mr.R.Shankar Ganesh For Respondents :

Ms.D.Farjana Ghoushia Special Govt. Pleader for R1, R2, R4 & R5 Mr.P.Gunasekaran for R3

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to regularize the petitioners' appointment as Multipurpose Hospital Worker in pursuance of G.O.Ms.No.325, Health and Family Welfare (F2) Department, dated 20.11.2012, from the date of their joining in their respective place of work and post along with backwages, based on their representation dated 08.10.2018.

2. A counter affidavit has been filed by the respondents denying the contentions of the petitioners as pleaded in this writ petition.

3. However, as seen from the records, no final orders have been passed by the respondents in the representation of the petitioners, dated 08.10.2018 stated supra.

4. No prejudice will be caused to the respondents, if the petitioners' representation dated 08.10.2018, referred to supra, is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the fourth respondent to pass final orders, on merits and in accordance with law, on the petitioners' representation dated 08.10.2018, seeking to regularize their appointment as Multipurpose Hospital Worker in pursuance of G.O.Ms.No. 325, Health and Family Welfare (F2) Department, dated 20.11.2012, from the date of their joining in their respective place of work and post along with backwages, within a period of twelve 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. Consequently, connected miscellaneous petition is closed. 09.09.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

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

2.The Secretary, Department of Finance, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

3.The Director, Department of Public Health, Kilpauk, Chennai-600 006.

4.The Deputy Director, Department of Public Health, Sivakasi, Virudhunagar District-626 124.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) No.823 of 2019 09.09.2024