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Madras High CourtWP(MD)/19229/2024disposed of

S.James Christu Raj v. The State Of Tamil Nadu

2024-08-23Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.19229 of 2024 S.James Christu Raj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2.The Director(Personnel), No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

3.The Mission Director, State Health Society, No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

4.The Director, Directorate of Medical and Rural Health Services, No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

5.The Medical Services Recruitment Board, Rep. By its Member Secretary, 7th Floor, DMS Building, 359, Anna Salai, Chennai - 600 006.

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6.The Deputy Director of Public Health, Kanyakumari District.

7.The Deputy Director of Public Health, Kanchipuram District.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, directing the respondents No.1 to 5 herein to regularize the service of the petitioner as Pharmacists as per G.O.Ms.No.335, dated 12.11.2015 in light of the judgments in W.P.Nos.14122, 35833 of 2023 and 8227, 15628 and 19707 of 2024, dated 15.07.2024 rendered by this Court.

For Petitioner : Mr.E.L.Shalini For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 to R4 and R6 & R7 Mr.V.Ramesh for R5 * * * * *

ORDER

The present Writ Petition has been filed by the petitioner having D.Pharm qualification seeking a Mandamus as against the respondents No.1 to 5 herein to regularise the his service as Pharmacists as per G.O.(Ms) No.335, Health and Family Welfare (C1 Department), dated 12.11.2015. 2/6

2.According to the petitioner, he was appointed on 02.01.2018 as Block Level Pharmacist at Walajabad, Kancheepuram District. The appointment process was outsourced to Bevast Management Consultants Private Limited in Chennai by the second respondent. In the meantime, the fifth respondent has issued a Notification inviting applications by online mode for direct recruitment on temporary basis to the post of Pharmacists in Tamil Nadu Medical Service. The notification has been issued for 986 vacancies. The petitioner has also participated in the recruitment process, but he was not selected. 3.According to the learned counsel appearing for the writ petitioner, nearly about 260 persons, who are similarly placed got appointment as Block Level Pharmacists, had approached the Principal Seat of this Court by filing Writ Petitions in W.P.Nos.

14122, 35833 of 2023 and 8227, 15628 and 19707 of 2024. The learned Single Judge of this Court, by an order dated 15.07.2024, was allowed the said writ petitions with a direction to regularise the service of the petitioners in the regular vacancies in the post of Pharmacist by following G.O.(Ms) No.335, Health and Family Welfare (C1 Department) dated 12.11.2015, within a period of eight weeks from the date of receipt of the copy of the order, without disturbing the candidates, who are selected as per the Notification of the year 2022.

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4.Seeking similar relief, the petitioner has addressed a representation to the respondents. Since there is no response, the present writ petition has been filed.

5.Considering the above said facts, the second respondent herein is directed to consider the representation of the petitioner dated 01.08.2024, in the light of G.O.(Ms) No.335, Health and Family Welfare (C1 Department) dated 12.11.2015 and the orders of this Court in W.P.Nos.14122, 35833 of 2023 and 8227, 15628 and 19707 of 2024, dated 15.07.2024 and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

23.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6

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

2.The Director(Personnel), No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

3.The Mission Director, State Health Society, No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

4.The Director, Directorate of Medical and Rural Health Services, No.359, DMS Complex, 361, Anna Salai, Chennai - 600 006.

5.The Deputy Director of Public Health, Kanyakumari District.

6.The Deputy Director of Public Health, Kanchipuram District.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.19229 of 2024 23.08.2024 6/6