1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.11266 to 11269 of 2011 C.Kumaradhas : Petitioner in W.P.(MD)No.11266/2011 T.Kochappi : Petitioner in W.P.(MD)No.11267/2011 S.Nataraja Pillai : Petitioner in W.P.(MD)No.11268/2011 S.Thankappan : Petitioner in W.P.(MD)No.11269/2011 Vs. 1.The Director of Public Health and Preventive Medicine,D.M.S.Compound, Chennai-600 006. 2.The State of Tamil Nadu, Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009. : Respondents in all W.Ps. COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to retrospectively promote the petitioners in the cadre of Health Inspectors with effect from 17.10.1970, 22.12.1977, 13.05.1978 and 13.05.1978 respectively and consequently, regularize their services in the above posts with all monetary benefits by extending the benefits of G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004, which is covered under order dated 13.07.2007 in W.P.Nos.29794 of 2005, etc. For Petitioners : Mr.S.Bharathy Kannan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader COMMON ORDER The prayer in all the Writ Petitions is for a direction to the respondents to retrospectively promote them in the cadre of Health Inspectors with effect from the date of completion of the Sanitary Inspector Posts, and consequently, regularise their services in the above said posts with all monetary benefits, by extending the benefits of G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004. Reliance has also been placed on a decision of a Division Bench of this Court in a batch of Writ Petitions in W.P.Nos.29794 of 2005, etc. 2. As common questions of fact were involved and submissions were advanced, with the consent of Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, all the Writ Petitions are taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Pleadings disclose that the petitioners in W.P.(MD) Nos.11266, 11268 and 11269 of 2011 were appointed as Health Assistants in Government Primary Health Centre and the petitioner in W.P.(MD)No.11267 of 2011 was appointed as Vaccinator in Padmanabhapuram Municipality. The details are as follows: Sl.No. Writ Petition No. Name of the petitioners Date of appointment 1 11266/2011 C.Kumaradhas 13.11.1970 2 11267/2011 T.Kochappi 1/3/63 3 11268/2011 S.Nataraja Pillai 27.04.1970 4 11269/2011 S.Thankappan 19.11.1970 Their services were regularised with effect from the date of appointment as Health Assistants by the Assistant Director of Public Health and Preventive Medicine, Chennai. In 1982, the Multipurpose Health Scheme was introduced by the Government in G.O.Ms.No.1936, and the post of Health Supervisor has been re-designated as Health Inspector. It is the grievance of the petitioners that they should have been promoted as Health Inspectors much earlier than the date of completion of the Sanitary Inspector course. However, the petitioners were promoted to the post of Health Supervisors in the year 1990, 1990, 1989 and 1988 respectively. All the petitioners have retired from service. After retirement, the Government have issued orders in G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004, regularising the services of one Mr.A.Ramalingam, in the cadre of Health Inspector with effect from 01.07.1970, by creating a supernumerary post. The above said benefit was also extended to numerable persons, who were similarly situated and a Division Bench passed common orders in W.P.Nos.29794 to 29799 of 2005, etc., batch dated 13.07.2007, extending the benefit of the Government Order to the persons similarly situated. 4. It is the further grievance of the petitioners that though the Government have issued proceedings in Letter No.98036/N2/91-11, Health, dated 05.03.1996, extending the benefit to all similarly placed persons, like Mr.D.Dhanasekaran, and that even after communication of the above said proceedings to the Medical Officers of Primary Health Centres in all the Districts by the Director of Public Health and Preventive Medicine, Chennai, the petitioners were not considered for retrospective regularisation and consequential promotion. Hence, the petitioners were constrained to send representations on 28.11.2007 and 21.09.2011 to the respondents respectively. Despite receipt, no action was taken and hence, the present Writ Petitions are filed for the reliefs stated supra. 5. Perusal of the common order made by the Division Bench of this Court in W.P.Nos.29794 of 2005, etc., a batch of Writ Petitions, dated 13.07.2007, shows that the petitioners therein have sought for a direction to regularise their services in the post of Health Inspectors with effect from the date on which they were eligible to hold the post and prayed for extension of monetary and other consequential service benefits, as done in the case of https://hcservices.ecourts.gov.in/hcservices/ 3 Mr.A.Ramalingam, vide G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004. Some of the petitioners have sought for a direction to the respondents therein to grant promotion to them to the post of Health Inspectors Grade I with retrospective effect from 01.07.1981 etc, on becoming qualified for promotion to the said post instead of the year 1995, date of actual promotion. W.P.No.11159 of 2005 has been filed for a direction to the respondents therein to consider the representation dated 31.01.2005 for retrospective promotion. 6. Considering the orders passed by the Tribunal in O.A.No.3763 of 1991, G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004 and the proceedings issued by the Government in letter No.98036/N2/91-11, Health, dated 05.03.1996, wherein directions have been given by the Government to the Medical Officers of the Primary Health Centres in all the districts by the Director of Public Health and Preventive Medicine to regularise the services of Health Inspectors from the date of their first appointment, as done in the case of Thiru.D.Dhanasekaran and taking note of the objections in the counter-affidavit, the Division Bench at paragraph Nos.9 to 11 has passed the following orders: "9. Though at the time of their initial appointment the petitioner had not possessed the prescribed qualification, viz., Sanitary Inspector Course Certificate, the Government has chosen to appoint them in the Health Services, when they have gained the qualification subsequent to the appointment, they were not considered for promotion. On the other hand, the Government should have considered them for promotion instead of ignoring their legal claim to regularise their services and promotion as Health Inspector to avoid stagnated promotion to create unrest among the employees by virtue of not considering the cases of the petitioners and implementing the orders of its own and the Tribunal. Further, while passing the order on 05.03.1996, the Government directed the Medical Officers of the Primary Health Centres in all the Districts to regularise their services from the date of their first appointment, but they have taken a different stand in the counter affidavit depriving the right of the petitioners by not regularising their services from the date of acquiring qualification for promotion, which is arbitrary and violative of Articles 14 and 16 of the Constitution of India. 10. In the light of the above, the respondents are directed to consider the cases of the petitioners with regard to regularisation of their services with retrospective effect and thereafter, giving promotion as per the seniority list prepared by the Government by virtue of proceedings dated 05.03.1996 and the order of Tribunal dated 10.08.2001 and also the consequential G.O.(D)No.359, Health and Family Welfare (N2) Department, dated 26.04.2004, within a period of 12 weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 4 11. It is brought to our notice that some of the writ petitioners have retired from service after attaining the age of superannuation. If that is so, they are entitled for regularization from the date they have acquired qualification and consequential monetary benefits and the respondents are directed to pay the same to them within the stipulated period." 7. Material on record shows that the petitioners have satisfactorily completed the courses of theoretical and practical training and have passed the examinations prescribed for the post of Sanitary Inspector's Certificate, on various dates. The details of which are furnished hereunder: Sl.No. Writ Petition No. Name of the petitioner Date of Sanitary Inspector's Certificate 1 11266/2011 C.Kumaradhas 17.10.1970 2 11267/2011 T.Kochappi 22.12.1977 3 11268/2011 S.Nataraja Pillai 13.05.1978 4 11269/2011 S.Thankappan 13.05.1978 8. It is not in dispute that the petitioners are similarly situated to those who have been benefited under the Government Order in G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004. When the numerable persons, who had approached this Court, have been granted the benefit, based on the above said Government Order, and the proceedings in letter No.98036/N2/91-11, Health, dated 05.03.1996, this Court is of the view that the petitioners are also entitled to similar benefits, as granted to others. They are also entitled to seek for extension of the benefit of the order of the Division Bench in W.P.Nos.29794 to 29799 of 2005, etc., batch, dated 13.07.2007. 9. Accordingly, a Mandamus is issued to the respondents to consider the case of the petitioners to regularise their services with retrospective effect and thereafter, give promotion as per the seniority list prepared by the Government by proceedings dated 05.03.1996 and the order of the Tribunal dated 10.08.2001 and also the consequential G.O.(D)No.359, Health and Family Welfare Department, dated 26.04.2004, within a period of twelve weeks from the date of receipt of a copy of this order. The directions issued in the above batch of Writ Petitions equally apply to the facts of this case and, therefore, the respondents are directed to consider and consequently, pass appropriate orders, as observed by the Division Bench in the Writ Petitions stated supra. 10. In the result, the Writ Petitions are allowed in terms of the orders of the Division Bench in W.P.Nos.29794 to 29799 of 2005, etc., batch, dated 13.07.2007, stated supra. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 5 To 1.The Director of Public Health and Preventive Medicine, D.M.S.Compound, Chennai-600 006. 2.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009. +1cc to the Special Govt.Pleader, Sr.No. 34333 sml ssk/28.10.2011 /4c -5p/- Common Order made in W.P.(MD).Nos.11266 to 11269 of 2011 Dated:- 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/