K. Karthikeyan, v. The Government Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM K.Karthikeyan ... Petitioner Vs.

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

2.The Director of Public Health and Preventive Medicine, No.359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

3.The Director of Medical and Rural Health Services, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

4.The Project Director, Tamil Nadu State Blindness Control Society, Government Eye Hospital, Egmore, Chennai - 600 008. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Letter No.34467/C2/2013-14 dated 23.09.2014 on the file of the Respondent No.1 and quash the same as illegal and consequently for a direction, directing the respondent No.1 to re-designate the Post of the petitioner as Ophthalmic Officer and provide promotion to the petitioner in the post of District Programme Officer by considering the proposal vide R.No.124875/PHC-7/A1/2009 dated 15.12.2010 sent by the respondent No.2 within the time period stipulated by this Court.

For Petitioner : Mr.G.Karthick, for M/S.T.Lajapathy Roy For Respondents : Mr.C.M.Mari Chellaiah Prabhu, Additional Government Pleader.

ORDER

The order, dated 23.09.2014 rejecting the claim of the writ petitioner to re-designate the nomenclature of the post of 1/3

Ophthalmic Assistant is under challenge in the present writ petition.

2.The petitioner was working as Ophthalmic Assistant in a Government Primary Health Centre. The grievance of the writ petitioner is that there is no promotion for the post of Ophthalmic Assistant. The Ophthalmic Assistant's Association also submitted representation for re-designation of the post Ophthalmic Assistant as Ophthalmic Officer. However, the first respondent rejected the request of the writ petitioner as well as the Association through the impugned order. Thus, the writ petitioner approached this Court.

3.The learned counsel appearing on behalf of the writ petitioner brought to the notice of this Court that the grievance of the writ petitioner as well as the other persons working as Ophthalmic Assistant approached the Pay Grievance Redressal Committee and the said Committee has recommended the claim of the writ petitioner vide letter, dated 28.08.2020. 4.In view of the fact that the Grievance Committee has recommended the claim of the writ petitioner, the Government is expected to consider the same and take a decision and pass orders as expeditiously as possible, on merits and in accordance with law.

5.It is made clear that re-designation of one cadre is an Administrative decision and the Court cannot pass such orders to re-designate one post or create a new promotional panel. These are all rest on the Administrative decision to be taken for the effective functioning of the Public Administration. 6.The writ petition stands disposed of, accordingly. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) gns 2/3

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

2.The Director of Public Health and Preventive Medicine, No.359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

3.The Director of Medical and Rural Health Services, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

4.The Project Director, Tamil Nadu State Blindness Control Society, Government Eye Hospital, Egmore, Chennai - 600 008.

+1 CC to SGP ( SR-19791[F] dated 12/10/2020 ) +1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-19859[F] dated 13/10/2020 ) 09.10.2020 KM (22.10.2020) 3P 7C 3/3