Madras High CourtWP(MD)/17961/2020closed

S.Selvamani v. The Secretary For The State Of Tamil Nadu

2022-02-02Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P (MD) No. 17961 of 2020 S.Selvamani ... Petitioner -Vs1. The Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.

2. The Director, Public Health and Preventive Medicine Department, Annasalai, Chennai - 600 018.

3. The Principal Accountant General (A&E), Chennai - 600 018.

4. The Director, Public Health and Family Welfare Department, Chennai.

5. The District Collector, Tuticorin District, Tuticorin.

6. The Deputy Director, Rural Health Services, Kovilpatti, Tuticorin District.

7. The Medical Officer, Urban Primary Health Center, Erachi, Kovilpatti, Tuticorin District.

8. The Principal Medical Officer, Government Primary Health Centers, Kovilpatti, Tuticorin District.

... Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to take necessary steps to reinstate the petitioner in her job as Sanitary Worker at Government Primary Health Center, Erachi, Kovilpatti and to pay the petitioner's salary / wages in the light of the G.O.(D) No.792 dated 05.04.2017 under Minimum Wages Act, by considering the petitioner's representation dated 07.10.2020 in accordance with law.

For Petitioner : Mr.M.Prabu For Respondents : Mr.V.Nirmal Kumar Govt. Advocate for R1, R2, R4 to R8 Mr.P.Gunasekaran for R3

O R D E R

The Writ Petition has been filed directing the respondents to reinstate the petitioner as Sanitary Worker at Government Primary Health Center, Erachi, Kovilpatti.

2. When the matter is taken up for hearing, the learned Government Advocate has produced the copy of the proceedings dated 05.01.2022 stating that the petitioner was absent continuously for several days and therefore her service was terminated. He further submits that the petitioner was working on consolidated pay and due to her absence during the pandemic period, the consolidated pay for the relevant period was not paid.

3. Recording the submission of the learned Government Advocate, this Writ Petition is closed with liberty to the petitioner to challenge the proceedings dated 05.01.2022 in the manner known to law. However, there shall be no order as to costs. Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) vji Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

2/3

1. The Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai.