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Madras High CourtWP(MD)/28429/2022disposed of

Thirugnanasundaram. M v. The Principal Secretary To Government

2022-12-19Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Thirugnanasundaram ... Petitioner Vs.

1.

The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.

2.

The Director of Public Health and Preventive Medicine, Chennai - 600 006.

3.

The Director of Medical and Rural Health Services, Chennai - 600 006.

4.

The Joint Director of Health Services, Madurai.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents herein to regularize the past service of petitioner with effect from 01.11.2006 notionally and count the sake for all service and pensionary benefits. For Petitioner :

Mr.K.Appadurai For Respondents :

Mrs.K.Christy Theboral, Additional Government Pleader.

O R D E R

This writ petition has been filed to direct the respondents herein to regularize the past service of petitioner with effect from 01.11.2006 notionally and count the sake for all service and pensionary benefits.

2. The learned counsel appearing for the petitioner submitted that the petitioner was initially appointed as a Contract Medical Consultant in Paramakudi Health Unit on 22.06.2005 on consolidated pay and he was brought under time scale of pay of Rs.8000 - 275 - 13500 under

Rule 10(a)(i) by proceedings, dated 01.02.2007. Prior to that, he had participated in the selection process to the post of Assistant Surgeon. However, he got appointment only in the year 2010. However, the past service was not calculated for the purpose of continuity of service. Hence, the petitioner made a representation, dated 02.01.2019 and the same was not considered. Hence, the present writ petition is filed.

2. The learned counsel for appearing the petitioner submitted that this Court may issue a direction to the first respondent to consider the petitioner's representation, dated 02.01.2019 and pass appropriate orders within the time limit.

3. Considering the limited request made by the learned counsel for the petitioner, this Court directs the first respondent to consider the petitioner's representation, dated 02.01.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

19.12.2022 Index : Yes / No Speaking Order : Yes / No RM

To 1.

The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.

2.

The Director of Public Health and Preventive Medicine, Chennai - 600 006.

3.

The Director of Medical and Rural Health Services, Chennai - 600 006.

4.

The Joint Director of Health Services, Madurai.

M.DHANDAPANI,J.

RM 19.12.2022