M. Sathesh Kumar v. The Health Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2016
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD).No.3559 of 2016 1.M.SATHESHKUMAR 2.R.NIRMALA 3.J.SWATHY 4.S.KARTHIKEYAN 5.N.SELVAKUMAR 6.B.BABU 7.D.MEENAKSHIAMMAL 8.M.SELVAKUMAR 9.K.RAJESHWARI 10.T.RAJAPRABU ... PETITIONERS Vs.
1. THE HEALTH SECRETARY, GOVT. OF TAMIL NADU, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI- 600 009.
2. THE CHAIRMAN, MEDICAL SERVICES RECRUITMENT BOARD, 7TH FLOOR, DMS BUILDINGS, 359, ANNA SALAI, TEYNAMPET, CHENNAI-600 006.
3. THE MEMBER SECRETARY, MEDICAL SERVICES RECRUITMENT BOARD, 7TH FLOOR, DMS BUILDINGS, 359, ANNA SALAI, TEYNAMPET, CHENNAI-600 006.
4. THE DIRECTOR, PUBLIC HEALTH AND PREVENTIVE MEDICINE, DMS COMPOUND, TEYNAMPET, CHENNAI-600 006.
5. PROJECT DIRECTOR, TN AIDS CONTROL SOCIETY, 418, PANTHEON SALAI, EGMORE, CHENNAI-600 008.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a To issue a Writ of Mandamus directing the respondents to consider the representation dated 03.02.2016 to give weightage marks for their working experience (8-10 years) in Tamil Nadu AIDS Control Society on contract basis as it is stated in W.P.No.18237/2007 in view of experience in training, their Grade I Course certificate of Laboratory Technicians before 1999 and priority over the other candidates,with reference to the notification No.8/MRB/2016 dated 31.01.2016.
For Petitioner : Mr.C.Masilamani For Respondents : Mr.R.Anandharaj Government Advocate
ORDER
The writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 03.02.2016 to give weightage marks for their working experience (8-10 years) in Tamil Nadu AIDS Control Society on contract basis, within a stipulated time.
2.Heard the learned counsel appearing on either side. 3.The case of the petitioners is that they were originally appointed as Lab Technicians in various departments on contract basis by the Tamil Nadu AIDS Control Society. Thereafter, the Member Secretary of Medical Services Recruitment Board has issued a notification No.8/MRB/2016, dated 31.01.2016 inviting applications for the post of Lab Technicians (Grade-II). According to the petitioners without regularising their services, the respondents are going for a regular recruitment process. The grievance of the petitioners is that they should have been given priority as they have got enough experience or they should be given at least weightage marks as it is done in the case of the Teachers' recruitment. A representation is said to have been made on 12.02.2016, in this regard, to the respondents by the petitioners, which is pending consideration.
4.Considering the grievance of the petitioners, this Court, without going into the merits of the claim of the petitioner, is constrained to direct the respondents to consider the representation of the petitioners, dated 12.02.2016 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of copy of this order.
5.With the above direction, this writ petition stands disposed of. No costs.
Sd/ Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.
To
1. THE HEALTH SECRETARY, GOVT. OF TAMIL NADU, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST. GEORGE, CHENNAI- 600 009.
2. THE CHAIRMAN, MEDICAL SERVICES RECRUITMENT BOARD, 7TH FLOOR, DMS BUILDINGS, 359, ANNA SALAI, TEYNAMPET, CHENNAI-600 006.
3. THE MEMBER SECRETARY, MEDICAL SERVICES RECRUITMENT BOARD, 7TH FLOOR, DMS BUILDINGS, 359, ANNA SALAI, TEYNAMPET, CHENNAI-600 006.
4. THE DIRECTOR, PUBLIC HEALTH AND PREVENTIVE MEDICINE, DMS COMPOUND, TEYNAMPET, CHENNAI-600 006.
5. PROJECT DIRECTOR, TN AIDS CONTROL SOCIETY,418, PANTHEON SALAI, EGMORE, CHENNAI-600 008.
+1cc to M/S.C.Masilamani, Advocate in SR.No.12155 +1cc to Special Government Pleader in SR.No.11844 W.P(MD).No.3559 of 2016 01.03.2016 rj2 PA/GSV-PM/SAR I/23.03.2016/3P/8C