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Madras High CourtWP(MD)/3939/2016disposed of

P.Saravanakumar, v. The Health Secretary,

2016-03-01Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2016

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD).No.3939 of 2016

1. P.SARAVANAKUMAR

2. S.RAJAN CHRISTOPHER

3. S.M.SHANTHI

4. N.ESWARAN

5. A.RUKKIYA BURVIN

6. K.KOWSI

7. K.SATHYA ... 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 12.02.2016 to give weightage marks for their working experience (6-14 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 certificate of Laboratory Technicians from 1999 to 2006 and priority over the other candidates with reference to the notification No:8/MRB/2016 dated 31.01.2016 within a stipulated time.

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 12.02.2016 to give weightage marks for their working experience (6-14 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 (GradeII). 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(record) /True copy/ Sub AssistantRegistrar

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 SR.No.12154 +1cc to special Government Pleader SR.NO.11842 sm:NGM-SS:SAR I:16.3.2016:3P/8c W.P(MD).No.3939 of 2016 01.03.2016