J.Annalakshmi v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/09/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU J.Annalakshmi ... Petitioner Vs

1. The Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi - 110 001.

2. The Mission Director, National Health Mission, No.359, Anna Salai, 5th Floor, Dms Annex Building, Dms Complex, Teynampet, Chennai - 600 006.

3. The Director, Directorate of Public Health and Preventive Medicine, Chennai - 6.

4.The Deputy Director of Health Service, Department of Public Health and Preventive Medicine, Sankarankovil, 1/6

5. The Block Medical Officer, Government Primary Health Centre, Chockampatti, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to fix the petitioner daily wage as Rs.500/- on par with that of the petitioner similarly placed co-workers, for petitioners scavenger job with 5th respondent government primary Health Centre, under the RCH/NRHM Scheme on the basis of the petitioners representation dated 15.02.2025.

For Petitioner : M/s. T.Indrachithu Advocate.

For R1 : Mr.A.Balaji Central Government Standing Counsel For R3 to R5 : M/s.P.B.Ahamed Yashmin Parvin Government Advocate

ORDER

This writ petition is filed seeking mandamus, to direct the respondents to fix the petitioner's daily wage as Rs.500/- on par with that of the co-workers, on the basis of the petitioners representation dated 2/6

15.02.2025.

2. Learned counsel for the petitioner would submit that by communication dated 04.04.2025, the claim of the petitioner had been forwarded by the first respondent to the second respondent to take appropriate action and the same is pending consideration.

3. Learned Government Advocate appearing for respondents 3 to 5, by placing reliance of the counter filed by the District Health Officer, Thenkasi, on behalf of the fourth respondent would submit that the claim of the petitioner cannot be considered as she seeks parity with RCH Sanitary workers attached to the Primary Health Centre, which is entirely different salary payable to the cadre which the petitioner holds and therefore she prays before this Court, to dismiss the writ petition.

4. Considering the submissions made, it is true that the petitioner is not eligible for the salary of RCH Sanitary workers attached to the Primary Health Centre. But only if, any such order is passed, the petitioner could challenge the same in the manner known to law and 3/6

therefore, the claim of the learned counsel for the respondent stands rejected. Further the second respondent is the appropriate authority to pass the order as found in the communication of the first respondent.

5. In such view of the matter, there shall be a direction to the second respondent to consider the representation of the petitioner as forwarded by the first respondent in his communication dated 04.04.2025 within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 02.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 4/6

To

1. The Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi - 110 001..

2. The Mission Director, National Health Mission, No.359, Anna Salai, 5th Floor, DMS Annex Building, DMS Complex, Teynampet, Chennai - 600 006.

3. The Director, Directorate of Public Health and Preventive Medicine, Chennai - 6.

4. The Deputy Director of Health Service, Department of Public Health and Preventive Medicine, Sankarankovil,

5. The Block Medical Officer, Government Primary Health Centre, Chockampatti, 5/6

K.KUMARESH BABU, J.

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ORDER

IN WP(MD) No.20218 of 2025 Date : 02/09/2025 6/6