Panchu.M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) Nos.19715, 19712 and 19712 of 2020 1.M.Panchu ... Petitioner in W.P(MD).No.19712/2020 2.K.Muthumari ... Petitioner in W.P(MD).No.19715/2020 3.A.Vaiyali Lingam ... Petitioner in W.P(MD).No.19717/2020 Vs

1. The State of Tamilnadu, represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Director of Medical Education, No.167, EVR Periyar Salai, Kilpauk, Chennai 600 010.

3. The Dean, Government Rajaji Hospital, Madurai.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to regularize the petitioners' service in the post of Hospital Worker in the 3rd respondent Hospital in the light of G.O.(MS) No. 325, Health and Family Welfare (C1) Department, dated 11.09.2017 based on the clarification letter of the 3rd respondent in Na.Ka.No.29342/Ni.3/3/2018, dated 11.02.2019 within the time limit that may be stipulated by this Court.

For Petitioners in allW.Ps : Mr.G.Thalaimutharasu For Respondents : Mr.B.Bhagavathi, in all W.Ps Government Advocate, 1/4

COMMON ORDER These Writ Petitions are filed to direct the first and the second respondents to regularize the petitioners' services in the post of Hospital Worker in the 3rd respondent Hospital, in the light of G.O.(MS) No.325, Health and Family Welfare (C1) Department, dated 11.09.2017 and on the basis of the clarification letter of the 3rd respondent in Na.Ka.No.29342/Ni.3/3/2018, dated 11.02.2019. 2.By consent of both parties, these writ petitions are taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioners would submit that the petitioners are working as Hospital Workers in the 3rd respondent hospital on daily wage basis.

4.It is the contention of the learned counsel appearing for the petitioners that a similarly placed person like the petitioners, who is working as Hospital Worker in Thoothukudi Government Medical College, Thoothukudi, has already approached this Court by way of filing a writ petition in W.P.(MD) No.1801 of 2020 to reinstate him into service and to regularize his service, in the light of G.O. (Ms).No.325 Health and Family Welfare (C1) Department, dated 11.9.2017 and by considering the representation, dated 27.10.2018. 5.The learned counsel would further contend that this Court, vide order, dated 09.03.2020 directed the 1st respondent therein to consider the request of the petitioner, in the light of the aforesaid Government Order, within a period of eight weeks from the date of receipt of a copy of that order.

In compliance of the order of this Court, dated 09.03.2020, the 1st respondent had passed final orders, regularizing the petitioner's service therein. 6.The learned counsel would further contend that in a similar way, the petitioners herein have made a joint representation, dated 27.10.2018 to the Hon'ble Chief Minister's Special Cell and the same has been forwarded to the third respondent, vide proceedings dated 16.11.2018. Though the third respondent, by proceedings dated 11.02.2019, sought for clarification with regard to the regularization of the petitioners' service from the second respondent, so far no action has been taken by the second respondent. Hence, the present writ petition. 7.Mr.B.

Bhagavathi, learned Government Advocate, who accepts notice on behalf of the respondents, would submit that challenging the order passed by this Court in W.P.(MD) No.1801 of 2020, dated 09.03.2020, the respondents have preferred an appeal before the Hon'ble Supreme Court and the same is pending now, however he admits the fact that the service of the petitioner in W.P.(MD) No.1801 of 2020, has been regularized by the first respondent therein.

further submit that the petitioners have made a joint representation, dated 27.10.2018 only to the Hon'ble Chief Minister's Special Cell and with regard to their grievances, no representation has been given to the respondents either individually or jointly by the petitioners. He would further submit that if the petitioners give fresh representation individually to the respondents, their request would be considered on merits and in accordance with law.

8.For the aforesaid submission, the learned counsel appearing for the petitioners would submit that the petitioners are ready and willing to submit a representation individually to the respondents with regard to the regularization of their services. 9.On a perusal of the papers, it appears that in a similar matter in W.P.(MD) No.1801 of 2020, this Court has already passed an order on 09.03.2020 and in compliance of the same, the first respondent therein regularized the service of the petitioner therein, in the light of G.O.(Ms).No.325 Health and Family Welfare (C1) Department, dated 11.9.2017. Therefore, this Court is of the view that the benefit available in the aforesaid Government Order can also be available to the petitioners herein and the same may be considered by the respondents on merits and in accordance with law. 10.

In the light of the above, this Court is inclined to pass the following directions:- the petitioners are directed to submit a fresh representation individually to the respondents, in each case, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, in the light of G.O.(Ms).No.325 Health and Family Welfare (C1) Department, dated 11.9.2017 and the proceedings of the third respondent, dated 11.02.2019, within a period of eight weeks from the date of receipt of a copy of this order.

11.With the above direction, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns 3/4

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. To

1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Director of Medical Education, No.167, EVR Periyar Salai, Kilpauk, Chennai 600 010.

3. The Dean, Government Rajaji Hospital, Madurai.

W.P.(MD) Nos.19715, 19712 and 19712 of 2020 23.12.2020 PV(CO) CS(07.01.2021) 4P 4C 4/4