M.Shelvaraju, v. The Secretary To The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2016
CORAM:
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17184 of 2016 M.Shelvaraju : Petitioner Vs.
1.The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine, DMS Complex, 359, Anna Salai, Chennai - 06.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to prepare the list of Non Medical Supervisors for Health Educator Training as per the seniority based on the date of joining as the Non Medical Supervisor, by including the petitioner within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Alagadevan, Special Government Pleader.
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to prepare the list of Non Medical Supervisors for Health Educator Training as per the seniority, based on the date of joining as the Non Medical Supervisor, by including the petitioner, within the time to be stipulated by this Court.
2.Mr.M.Alagadevan, learned Special Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
4.The facts leading to the filing of this Writ Petition run as under:
The petitioner has been appointed as Leprosy Inspector on 11.03.1988 and he was working as Health Inspector Grade-I from 01.08.1997. After working as Health Inspector Grade-I for several years at the Government Primary Health Centres, he was given promotion to the post of Non-Medical Supervisor on 09.03.2015. The post of Health Inspector Grade-I has been recently redesignated as Multipurpose Health Supervisor. The petitioner has rendered his services without any blemish for the past 29 years. 5.It is the grievance of the petitioner that several batches of Non-Medical Supervisors are sent for Health Educator training, based on the date of joining as Non-Medical Supervisor and the previous batch has completed the training and the petitioner is waiting in line as the next person. So saying, the petitioner sent a representation dated 15.06.2016 to the second respondent and the same is pending.
6.The learned counsel for the petitioner would submit that it is open to the second respondent to pass any orders on the representation sent by the petitioner, but the representation itself has not been considered, even though the representation has been submitted in the month of June, 2016, i.e., on 15.06.2016. 7.The learned Special Government Pleader appearing for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner, in the light of the eligibility and to pass appropriate orders within a period of one month.
8.Recording the submission made by the learned Special Government Pleader appearing for the respondents, the second respondent is directed to consider the representation of the petitioner dated 15.06.2016 and pass orders on merits, in accordance with law and in the light of the eligibility, within a period of one month from the date of receipt of a copy of this order.
9.With the above direction, this writ petition is dispose of. No costs.
Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.
To 1.The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2.The Director of Public Health and Preventive Medicine, DMS Complex, 359, Anna Salai, Chennai - 06.
+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 51921 +1CC to the Special Government Pleader, SR.No. 52410 ORDER MADE IN W.P(MD)No.17184 of 2016 smn AM/SK.SKN/SAR-I/19.09.2016/3P/5C (IT)