IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.4.2006 CORAM: THE HONOURABLE MR.JUSTICE P.K.MISRA and THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.30003, 30750, 30825, 38583, 38584, 12864, 19744 & 7362 of 2004, 7845 of 2005, 8674, 15383, 7397, 10038, 11011, 14612, 7818, 13422, 20316 & 42550 OF 2002, 21674 to 21680, 21729 & 20996 of 2000, 6348, 6349, 7430, 7431, 6482, 8049 & 19980 of 2003, 16223 to 16225, 3305 to 3311, 4938, 8124, 13272, 13756 & 24284 of 2001 & 674 of 1999 & all connected pending W.P.M.Ps. 1. A.Muthuselvam 2. A.Balssundaram 3. N.Sriraman 4. S.R.Jayalakshmi 5. K.B.Ramakrishnan 6. V.R.Kaliaperumal 7. S.Sivaramakrishnan 8. S.Thirunavukkarasu 9. P. Varatharajan ..Petitioner in WP.30003 OF 2004 1. M.Namachivayam 2. R.Nagendran 3. V.Swaminathan 4. C.Subramanian 5. R.Balasattanathan 6. P.S.Kannan 7. S.Venkatesan 8. A.Murugesan 9. S.Paramasivam 10. K.Ramadoss ..Petitioner in WP.30750/2004 1. R.Sengodan 2. O.V.Ramasami 3. K.Syed Ahmed 4. M.Arockiasamy 5. R.Irudayanathan ..Petitioner in WP.30825/2004 D.Subramanian ..Petitioner in WP.38583/2004. 1. P.Natarajan 2. J.Kanagarajan 3. P.Periyasami ..Petitioner in WP.38584/2004. https://hcservices.ecourts.gov.in/hcservices/ Virudhunagar District Panchayat Union Servicing Siddha Medical Officers' Assocation, Thoppalakarai rep. By its President, Dr.T.Appanasamy 103/17/4, Upstairs, Perkishiapuram II Street, Aruppukkottai, Virudhunagar District 624 114. ..Petitioner in WP.12864/2004 Dr.P.Krishnamoorthy R.M.O. ..Petitioner in WP.19744/2004 M.Ramalingam ..Petitioner in WP.7362/2004 R.C.Rathanammal ..Petitioner in WP.7845/2005 Dr.K.Parthiban ..Petitioner in WP.8674/2002 K.Santhanam ..Petitioner in WP.15383/2002 K.Thangavelu ..Petitioner in WP.7397/2002 Dr.M.Manickam ..Petitioner in WP.10038/2002 L.Krishnappan ..Petitioner in WP.11011/2002 1. A.Murugesan 2. N.Sriraman ..Petitioners in WP.14612/2002 G.Sivabackiyam ..Petitioner in WP.7818/2002 Dr.M.Karthikeyan ..Petitioner in WP.13422/2002 Dr.J.Krishnamoorthy ..Petitioner in WP.20316/2002 Dr.D.Dhanasekaran alias Devadoss ..Petitioner in WP.42550/2002 R.Rajan ..Petitioner in WP.21674/2000 G.Nagarajan ..Petitioner in WP.21675/2000 P.Chandrasekaran ..Petitioner in WP.21676/2000 Dr.A.Dhandapani ..Petitioner in WP.21677/2000 Dr.A.Muthuselvam ..Petitioner in WP.21678/2000 Dr.K.S.Devendran ..Petitioner in WP.21679/2000 Dr.K.Danabalan ..Petitioner in WP.21680/2000 K.Subramanian ..Petitioner in WP.21729/2000 https://hcservices.ecourts.gov.in/hcservices/ Dr.B.Sivakumar ..Petitioner in WP.20996/2000 A.Ganesan ..Petitioner in WP.6348/2003 R.Ariraman ..Petitioner in WP.6349/2003 A.Balasundaram ..Petitioner in WP.7430/2003 A.Jagathamani ..Petitioner in WP.7431/2003 C.Periyanan ..Petitioner in WP.6482/2003 1.Dr.P.N.Easwaran(since deceased) 2. Dr.E.Santhanakrishnan 3. P.E.Giri 4. Mrs.Usha Rani, 5. P.E.Jayaprakash 6. P.E.Suresh Babu 7. P.E.Gangadharan Petitioners 2 to 7 as LRs of the Sole Deceased 1st petitioner as per order of the Court dated 25.11.2005 in WPMP.29047/2005 by RBJ. ..Petitioners in WP.8049/2003 Dr.N.Rajalakshmi ..Petitioner in WP.19980/2003 Dr.Mohanram ..Petitioner in WP.16223/2001 Dr.R.Sengodan ..Petitioner in WP.16224/2001 Dr.C.V.Lakshmanan ..Petitioner in WP.16225/2001 Dr.N.Balashanmugam ..Petitioner in WP.3305/2001 Dr.M.S.Basheer Ahammed ..Petitioner in WP.3306/2001 A.Nagarajan ..Petitioner in WP.3307/2001 Dr.A.N.Sadananthan ..Petitioner in WP.3308/2001 Dr.V.Elumalai ..Petitioner in WP.3309/2001 Dr.R.K.Ramkumar ..Petitioner in WP.3310/2001 Dr.S.A.Jayakumar ..Petitioner in WP.3311/2001 1. Dr.S.Duraipandian 2. Dr.K.R.Gandhi 3. Dr.M.S.Sultan 4. Dr.M.Perumal 5. Dr.T.N.Kandeepan 6. Dr.B.Chinnarajan https://hcservices.ecourts.gov.in/hcservices/ 7. Dr.M.B.Manivannan 8. Dr.J.Padmaraj 9. Dr.M.S.Doraisami 10. Dr.K.S.Jawaharlal 11. Dr.B.Muniappan 12. Dr.M.Ganesan 13. Dr.Rangamani 14. Dr.S.Balasubramanian 15. Dr.S.Deenadhayalan ..Petitioners in WP.4938/2001 1. Dr.K.Essakhy 2. Dr.P.Arumugam 3. Dr.R.Irudayanathan ..Petitioners 1 to 3 in WP.8124/2001 Dr.P.S.Jainullabideen ..Petitioner in WP.13272/2001 Dr.K.Rajangam ..Petitioner in WP.13756/2001 V.Subramanian ..Petitioner in WP.24284/2001 1. M.Namasiayam 2. A.Chinnaswamy ..Petitioners in WP.674/1999 -Vs- The State of Tamil Nadu, represented by the Secretary to Government, Rural Development Department, Fort St. George, Chennai 9. ..1st Respondent in WP.30003, 300756, 30825, 38583, 38584/2004. 2nd Respondent in WP.12864/04. 1st Respondent in WP.19744,7362/04, 7845/2005, 8674/2002, 15383, 10038, 11011, 13422, 20316, 42550/2002. 1st Respondent in WP.21674 to 21680, 21729, 20996/2000, 6348, 6349, 7340, 7341, 6482, 8349/2003, 16223 to 16225, 3305 to 3311, 4938, 8124, 13272/2001, 13756, 24284/2001 & 674/99. The Tamil Nadu Administrative Tribunal represented by its Registrar, Chennai 104. ..2nd Respondent in WP.30003, 30750, 30825, 38584/2004, 7845/05. 3rd Respondent in WP.38583/2004 1st Respondent in WP.12864/2004. https://hcservices.ecourts.gov.in/hcservices/ The Director of Rural Development, Panagal Builldings, Saidapet, Chennai 15. ..2nd Respondent in WP.20316/2002, 7431/2003, WP.7362/2004, 10038/2002, 7430/2003, 11011/2002, 6482/2003. 4th Respondent in WP.8674/2002, 20996/2000, 13272, 13756/2001, 43422/2002, 21674 to 21680, 21729/2000, 6348, 6349/2003, 16223 to 16225, 3305 to 3311, 4938, 8124/2001. 3rd Respondent in WP.15383/2002, 8049/2003. 1st Respondent in WP.14612/2002, 19980/2003. 5th Respondent in WP.13422/2002, 24284/2001. The Director of Local Fund Audit, Kuralagam, 5th Floor, Chennai 108. ..3rd Respondent in WP.7362/2004, 10038, 7430/2003. 5th Respondent in WP.13422/2002. 2nd Respondent in WP.19980/2003. The Block Development Officer Thellar Panchayat Union, Thellar, Thiruvannamalai District. R2 in WP.38583/2004 3. The Director of Rural Development, Chennai 600015. 4. The Collector, Virudhunagar District, Virudhunagar. RR 3 and 4 in WP.No.12864/2004 2. The Collector, Dharmapuri, Dharmapuri District. 3. The Commissioner, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District. RR 2 and 3 in WP.19744/2004 4. The Commissioner, Sivagangai Panchayat Uinon, Sivagangai RR 4 in WP.7362/2004 3. The Block Development Officer, Pangalur Panchayat Officer, Coimbatore District. R3 in WP.7845/2005 https://hcservices.ecourts.gov.in/hcservices/ 2. State of Tamil Nadu rep. by its Secretary to Government, Indian Medicine & Homeopathy Department, Fort St.George, Chennai -600009. 3. State of Tamil Nadu rep. by its Secretary to Government, Personnel & Administrative Reforms Department, Fort St.George, Chennai -600009. 5. The Director of Local Fund Audit, Kuralagam, Chennai - 600108. 6. The District Collector, Thanjavur District, Thanjavur 7. The Commissioner, Orathanadu Panchayat Union, Orathanadu, Thanjavur District. RR 2,3,5 to 7 in WP.8674/2002 RR2,3 nil & R4 in WP.15383/2002 RR 2,3,5 nil and R1 inWP.7818/2002 RR 2,3 in WP.13422/2002, RR 2,3 & 5 in WP.21674 to 21680/2000, 21729/2000, 20996/2000, 6348, 6349/2003 R2,3 nil 4 in WP.8049/2003 RR 2,3 & 5 in WP.16223 to 16225/2001, 3305 to 3311, 4938, 8124, 13272, 13756/2001 R2 in WP.24284/2001. 5. The Commissioner, Sathyamangalam Panchayat Union, Sathyamangalam, Erode District. R5 in WP.15383/2002 1. The Collector, Thanjavur, Thanjavur District. 2. The Commissioner, Madukkur Panchayat Union, Madukkur, Thanjavur District RR 1 and 2 in WP.7397/2002 4. The Commissioner, Kolathoor Panchayat Uinon, Kolathoor, Salem District R4 in WP.10038/2002 3. The Commissioner, Sendhamangalam Panchayat Uinon, Sendhamangalam, Namakkal Taluk, District R3 in WP.11011/2002 2. The Commissioner, Needamangalam Panchayat Union, Needamangalam, Thiruvarur District. R2 in WP.14612/2002 https://hcservices.ecourts.gov.in/hcservices/ 2. The Block Development Officer, Madukkur Panchayat Uinon, Madukkur, Thanjavur District R2 in WP.7818/2002 6. The District Collector, Sivaganga District, Sivaganga RR 6 and 7 in WP.13422/2002 3. The Commissioner, Mannargudi Panchayat Uinon, Mannargudi, Thiruvarur District R3 in WP.20316/2002 2. The Collector, Gudiyatham Panchayat Union, Gudiyatham, Vellore District RR 2 and 3 in WP.42550/2002 6. The Commissioner, Srivilliputhur Panchayat Union, Srivilliputhur. R6 in WP.6348/2003 7. The Commissioner, Thoppampatti Panchayat Union Thoppampatti, Madurai. R6 in WP.6349/2003 4. The Commissioner, Sedupavachatram Panchayat Union Sedupavachatiram Thanjavur District. R4 in WP.7430/2003 3. The Assistant Director of Local Fund Audit, District Collectorate, Erode. 4. The Commissioner, Nambiyoor Panchayat Union, Nambiyoor Palakodu, Erode District. RR 3 and 4 in WP.7431/2003 3. The Assistant Director of Local Fund Audit, District Collectorate, Dharmapuri. 4. The Commissioner, Palakodu Panchayat Union, Palakodu, Dharmapuri District. RR 3 and 4 in WP.6482/2003 5. The District Collector, Collector's Office, Thiruvellore, Thiruvellore District - 602001. 6. The Commissioner Ellapuram Panchayat Union, Periyapalayam, Uthukottai Taluk, Thiruvellore District - 601102 RR 5 and 6 in WP.8049/2003 https://hcservices.ecourts.gov.in/hcservices/ 3. Collector of Ramnad Ramnad 4. Deputy Director, Medical Sciences (TB) Section, District Head Quarters Hospital Ramnad 5. The Commissioner, Panchayat Union, Ramnad, Ramnad District. RR 3 to 5 in WP.19980 of 2003 6. The Commissioner, Melur Panchayat Uinon Melur, Madurai R6 in WP.16223/2003 & 16225/2003 6. The Commissioner Kadayampatti Panchayat Union Omalur Taluk, Salem District R6 in WP.16224/2003 6. The Collector of Ramnad, Ramnad. 7. The Commissioner, Panchayat Union, R.s.Mangalam, Ramnad District. RR 6 & 7 in WP.13272/2001 3. The District Collector, Kancheepuram District, Kancheepuram 4. The Commissioner, Block Development Office, Acharapakkam, Kancheepuram District RR 3 & 4 in WP.24284/2001 3. The Collector, Karur District, Karur 4. The Collector, Dharmapuri District, Dharmapuri. 5. The Commissioner Karur Panchayat Union, Karur 6. The Commissioner, Marappur Panchayat Union, Harur Taluk, Dharmapuri Taluk. RR 3 to 6 in WP.674/99 https://hcservices.ecourts.gov.in/hcservices/ Writ Petition No.30003 of 2004 filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to the impugned order of the Tamil Nadu Administrative Tribunal 1.(the second respondent herein) in O.A.No.1526 of 2001, dated 23.2.2004 2.O.A.No.8853/2000 dated 23.2.2004 3.O.A.No.4007/2001 dated 23.2.2004 4.O.A.No.2572/2001 dated 23.2.2004 5.O.A.No.654/2001 dated 23.2.2004 6.O.A.No.6598/2001 dated 23.2.2004 upholding Paragraph 3(e) of G.O.Ms.No.250, Rural Development (E-5) Department, dated 14.9.2000 and quash the said order in O.A.No.1526 of 2001, dated 23.2.2004 2.quash the said order in O.A.No.8853/2000 dated 23.2.2004. 3.O.A.No.4007/2001 dated 23.2.2004 4.O.A.No.2572/2001 dated 23.2.2004 and Paragraph 3(e) of G.O.Ms.No.250, Rural Development (E-5) Department, dated 14.9.2000 and direct the Government to allow all the benefits mentioned in Paragraph 3(e) of G.O.Ms.No.250, Rural Development (E-5) Department, dated 14.9.2000. 5.Rules 3(e)(g) and (h) and quash the same and directing the respondents 2 to 4 to regularise the services of the Rural Medical Practioners working in Rural Dispensaries run by the Panchayat Union on regular basis with effect from 1.10.1984 as directed by the Hon'ble High Court, Madras in WA.922 of 1995 dated 1.12.1995 with al monetary and other benefits (WP.12864/2004) 6.Writ of Certiorari, calling for the entire records connected with impugned order in G.O.Ms.No.250 dated 14.9.2000 on the file of the first respondent and consequential impugned order in Na.Ka.No.337/2003/A1 dated 27.6.2003 passed by the 3rd respondent and quash the same (WP.No.19744/2004) 7.Writ of Certiorari, calling for the records relating to the order passed by the Commissioner of Sivaganga Panchayat Union in Na.Ka.No.A7/3737/2002 dated 24.2.2004 and to quash the same (WP.7362/2004) 8.quash the said order in OA.No.6598/2001 dated 23.2.2004. 9.Writ of Certiorarified Mandamus, calling for the records relating to the G.O.Ms.No.250 (Rural Development Department – E5) dated 14.9.2000 issued by the Secretary, The Rural Development Department, the first respondent herein, and quash the same as unjust inequitable and arbitrary and consequently direct the respondents to restore all the benefits including the terminal benefits to the Rural Medical Officers working in the rural dispensaries in Panchayat Union of the State (WP.8674/2002 and 13422/2002) 10.to direct the respondents 1 to 5 to extend pension benefits and all the other terminal benefits to the petitioner treating the petitioner as a full time government servant calculating the petitioner service till 29.2.1996 (WP.15383/2002) https://hcservices.ecourts.gov.in/hcservices/ 11.Writ of Certiorari, to call for the records relating to the impugned order of the second respondent in Na.Ka.No.5739/2001/A1 dated 12.2.2002 and quash the same. (WP.7397/2002) 12.Writ of Certiorarified Mandamus calling for the records relating to the order passed by the commissioner of Kolathoor Panchayat Union in Na.Ka.No.286/02/A1 dated 14.2.2002 and to fix the salary and all attendant and monetary benefits under the time scale of pay as mentioned in G.O.Ms.No.16, Rural Development Department, dated 29.1.98 (WP.No.10038/2002) 13.the consequential order of the third respondent passed in Na.Ka.No.1641/2001/A1 dated Nil 7,2001 and quash the same and consequently direct the respondents to grant pension, gratuity, family pension and other eligible pensionary benefits including the selection grade and the special grade to the petitioner continuing his entire period of service from his date of initial appointment (WP.11011/2002) 14.to call for the records relating to the impugned order of the second respondent in Na.Ka.No.689/2001/A4 dated 22.3.2002 and quash the same. (WP.14612/2002) 15.to call for the records relating to the impugned order of the second respondent in Na.Ka.No.5739/2001/A1 dated 22.2.2002 and quash the same. (WP.7818/2002) 16.Writ of Certiorarified Mandamus, calling for the entire records relating to the letter in Na.Ka.No.5935/99/A4 dated 18.3.2002 on the file of the third respondent to settle the attendant and terminal benefits and pay pension to the petitioner as early date and allow this writ petition with costs. (WP.No.20316/2002) 17.Writ of Certiorarified Mandamus, calling for the entire records connected with impugned order in G.O.Ms.No.250 dated 14.9.2000 on the file of the first respondent as consequential impugned order in Na.Ka.No.A1/2549/2002 dated 24.7.2002 passed by the 3rd respondent and quash the same (WP.No.42550/2002) 18.Writ of Certiorarified Mandamus, calling for the records relating to the G.O.Ms.No.250, Rural Development (E5) Department, dated 14.9.2000 issued by the first respondent herein quash the same and consequently direct the respondents 1 to 5 to extend all the terminal benefits to the petitioner (WP.21674 to 21680/2000) 19.direct the respondents 1 to 5 to extend all the terminal benefits to the Rural Medical Officer working in the rural dispensaries in the panchayat union (WP.21729/2000) 20.direct the respondents 1 to 5 to extend all the terminal benefits to the rural medical officers working in the rural dispensaries in the Panchayat Union treating them as full time government servants (WP.No.20996/2000 , 13272/2001) https://hcservices.ecourts.gov.in/hcservices/ 21.direct the respondents 1 to 6 to extend all the terminal benefits to the petition treating as a full time government servant (WP.6348 & 6349/2003) 22.Writ of Certiorari, calling for the records relating to the order No.Ka.No.3271/2002/A1 dated 6.8.2002 passed bythe fourth respondent herein quash the same (WP.7430/2003) 23.calling for the records relating to the order No.Ka.No.5593/2001/A6 dated 7.5.2002 passed by the fourth respondent herein and quash the same. (WP.7431/2003) 24.calling for the records relating to the order in Na.Ka.No.2402/2000/A7 dated 4.2.2003 passed by the fourth respondent herein quash the same (WP.6482/2003) 25.to direct the respondents 1 to 6 to treat the petitioner's service as continuous up to 30.6.1995 and confer all terminal benefits (WP.8049/2003) 26.to call for the records relating to the impugned order passed by the 5th respondent dated 30.6.2003 in his order no.Na.Ka.No.4992/01/A3, quash the same and to direct the 5th respondent to reinstate the petitioner as Medical Officer, Panchayat Union Siddha Dispensary with all monetary benefits (WP.19980/2003) 27.to direct the respondents 1 to 6 to extend all the terminal benefits to the petitioner treating as a full time government servant (WP.16223 to 16225/2001) 28.to direct the respondents 1 to 5 to extend all the terminal benefits to the petitioner (Wps.3305 to 3311/2001, 4938, 8124, 13756/2001, 24284/2001. 29.Writ of Certiorari calling for the records of the second respondent in Na.Ka.No.33022/98/E3 dated 10.8.1998 and quash the same (WP.674/99) For Respondents in W.P.No.20316 of 2002 : Mrs.V.Velumani,Addl.G.P. for RR-1 & 2 R-3 Served, no appearance For Respondents in W.P.No.30003 of 2004 : Mrs.V.Velumani, Addl.G.P. for R-1 R-2 Tribunal Mr.P.Rajendran - Petitioners in WP.30003, 30750, 30825, 38583, 38584/2004, 7845/2005, 7397/2002, 14612/2002, 7818/2002. Mr.K.Vaidyanathan - Petitioner in WP.No.12864/2004. https://hcservices.ecourts.gov.in/hcservices/ Mr.S.N.Ravichandran - Petitioner in WP.No.19744/2004, 42550/2002 Mr.B.Pugalendhi - Petitioner in WP.No.7362/2004, 15383/2002, 10038/2002, 21674 to 21680/2000, 21729 of 2000, 6348 and 6349/2003, 7430 &7431/2003, 6482/2003, 3305 to 3311/2001, 16223 to 16225/2001. Mr.J.Thilagaraj - Petitioner in WP.8674/2002, 13422/2002 Mr.V.Sanjeevi - Petitioner in WP.11011/2002 Mr.M.Sathyanarayanan - Petitioner in WP.20316/2002 M/S.S.Rajeswaran & S.Murugaian - Petitioner in WP.20996/2000 Mr.M.Vaidyanathan - Petitioner in WP.8049/2003 Mr.M.Md.Ibrahim Ali - Petitioner in WP.19980/2003, 13272/2001 Mr.N.S.Mukundan - Petitioner in WP.13756/2001 Mr.V.Sairam - Petitioner in WP.24284/2001 & 674/99 COMMON ORDER (The Order of the Court was made by R.Sudhakar,J.) The present batch of writ petitions have been filed by the Rural Medical Officers working in the various dispensaries run by the Panchayat Unions in the State of Tamil Nadu. Such Medical Officers are appointed from persons who have the following qualification: "(i) 'A' Special: BIM, Medical Practitioners who have undergone Special Training for 4-1/2 years in a Government Recognised Medical Institution – Registered after 1972. (ii) 'A' Class: LIM, Medical Practitioners who have undergone Training for 4 years in Government Recognised Medical Institutions and passed in the examination conducted by Government approved Board of Examination. The registration has been abolished for LIM from 1946 and ICIM from 1960. (iii) 'B2' Class: B-II Medical Practitioners are those who have undergone special training for four years in Government approved Medical Institutions / Gurukulam and obtained Diploma / Certificate having 10 years of continuous practice and passed in the written and oral tests as per the Government approved syllabus (Siddha, Ayurvedha, Unani). This was followed from 1972 to 1982. https://hcservices.ecourts.gov.in/hcservices/ (iv) 'B1' Class: B1 Class practitioners are those who have undergone continuous training in Ayurvedic system for four years in a Government approved Medical Institutions and obtained Certificate / Diploma. They are not eligible to be appointed in the dispensaries of Siddha or Unani System. (v) 'B' Class: B Class Medical Practitioners are those who have obtained Certificate from Tahsildar for Practising for 10 years as hereditary Medical Practitioner. (vi) 'C' Class: C-Class Medical Practitioners are those who have undergone 6 months training as Village Vaidyas in a District Hospital. This has been abolished since 1954." In cases where 'A' Class registered practitioners are not available, B1, B2 and C Class registered hereditary Siddha and Homoeopathy Medical Practitioners are appointed. Apart from the regular dispensaries, the Panchayat Unions, the Town Panchayats and Townships also run rural dispensaries. In the rural dispensaries, the Medical Officers are appointed from B1, B2 and C Class registered hereditary medical practitioners. By G.O.No.2446, Education and Public Health Department (Public Health), 24.9.1937, the Government granted permission to medical practitioners in-charge of rural dispensaries subject to approval by the Presidents of Local Boards concerned to adopt 7 am to 10 am and 3 pm to 5 pm as working hours of rural dispensaries on week days instead of 7 am to 12 noon fixed by the earlier Government Order of the year 1935. By G.O.Ms.No.1300, Rural Development and Local Administration Department, dated 22.5.1974, based on the representation from the Panchayat Union Employees, the Government allowed the pensionary and gratuity benefits applicable to Government servants be also made applicable to the Panchayat Unions, Town Panchayats and Panchayat Township employees excluding the Panchayat Union Teachers, with effect from 1.4.1974. By G.O.Ms.No.94, Indian Medicine and Homoeopathy Department, dated 31.10.1984, the Government fixed the time-frame for working in the rural dispensaries as follows: "The Government may direct that the working hours of all the rural and regular dispensaries of Indian Medicine run by the local bodies and by the Government be fixed from 7.30 am to 10.30 am and from 3.00 pm to 5.00 pm and in respect of all the dispensaries functioning in hill stations from 8.30 am to 11.30 am and from 3.30 pm to 5.30 pm." 2. One Dr.Krishnamurthy, a registered medical practitioner in Class B-II in the Register of Medical Practitioners, who was working as a medical practitioner in rural dispensary, appointed in 1976, approached the High Court by filing W.P.No.863 of 1989 praying for payment of salary in the time scale of pay with effect from the date of his appointment. The Writ Petition was allowed and the High Court ordered payment of salary in time scale of pay with effect from 11.7.1985. The Government as well as the individual rural medical officer filed Writ Appeals challenging the order of the single Judge. The First Bench of this Court modified the https://hcservices.ecourts.gov.in/hcservices/ order of the single Judge by holding that arrears of pay according to pay scale fixed by the single Judge shall be disbursed to the appellant-rural medical officer and similarly placed persons with effect from 1.10.1984. The High Court held that B2 Class registered medical practitioners are eligible for time scale of pay with effect from 1.10.1984. Following the judgment, the Government also issued orders in G.O.Ms.No.16, Rural Development Department, dated 29.1.1998 allowing payment of salary in the time scale of pay with effect from 1.10.1984 to all the medical practitioners working in the rural dispensaries. After payment of salary as above, B1, B2 and C Class registered medical practitioners were working in rural dispensaries as stated above. Since the same has been categorised as a superior service, the authority, by letter dated 10.8.1998, clarified that as per F.R.56(1)(a), the age of retirement of medical practitioners working in the rural dispensaries who are allowed time scale of pay as stated above, is on attaining the age of 58 years instead of 60 years which was in vogue prior to the time scale of pay granted to rural medical practitioners. 3. It was contended by the respondents-Department before this Court on the earlier round of litigation that the petitioner was appointed on part time basis/contract basis. While deciding this issue, a learned Single Judge of this Court came to the conclusion that the appointment of the petitioner was on full time basis and in view of the continuous service for several years, the learned Single Judge came to the conclusion that the petitioner was appointed in the permanent post and entitled to monetary benefit with effect from 11.7.1985 in terms of the order in W.P.No.863 of 1989, dated 8.3.1995, which was modified in W.A.No.922 of 1995 as effective from 1.10.1984. 4. After the disposal of the said Writ Appeal, the petitioner in W.P.No.863 of 1989 and the petitioner in W.P.No.20316 of 2002 – Dr.J.Krishnamoorthy made a representation on 14.2.1997 requesting the authorities to pay all the attendant benefits such as compensatory and special allowances, special pay, surrender leave, interim relief, house rent allowance, medical allowance and general provident fund, pursuant to the fixation of time scale of pay. Some of his claims were granted by the Commissioner of Thirumurugal Panchayat Union on various dates. In effect, the petitioner was granted special pay, special compensatory allowance, medical allowance, medical leave, earned leave, payment on surrender of earned leave, selection grade scale of pay, as applicable to the Government servants. 5. In the meanwhile, on 31.10.1998, the petitioner attained the age of super-annuation and in such event, the attendant benefits pursuant to the fixation of time scale of pay and the terminal benefits were not settled. Hence, the petitioner in the above writ petition made a representation to the Commissioner, Mannargudi Panchayat Union, for the above relief. Several legal notices were issued and all this endeavour ended in vain. However, by proceedings in Na.Ka.No.5939/99/A4 dated 18.3.2002, placing reliance on G.O.Ms.No.250, Rural Development Department, dated 14.9.2000, the Commissioner of Mannargudi Panchayat Union stated that the services of Rural Medical Officers are on part time basis, that they are not entitled to pension and other terminal benefits and therefore the claim of the https://hcservices.ecourts.gov.in/hcservices/ petitioner was declined. The present Writ Petition W.P.No.20136 of 2002 has been filed in view of such rejection of the claim of the petitioner. 6. After passing of G.O.Ms.No,250, Rural Development Department, dated 14.9.2000, several batch of Original Applications were filed before the Tamilnadu Administrative Tribunal by Siddha Medical Practitioners working in rural dispensaries in various panchayat unions in the State of Tamilnadu. The Siddha Medical Practitioners are appointed from B1, B2 and C Class registered hereditary Medical Practitioners. 7. It is the contention of the petitioners in the Original Applications that based on the order of the learned Single Judge in W.P.No.863 of 1989 as confirmed by a Division Bench of this Court in W.A.No.922 of 1995, the Government issued G.O.Ms.No.16, Rural Development Department, dated 29.1.1998 allowing payment of salary in the time scale of pay with effect from 1.10.1984 to all the Medical Practitioners working in rural dispensaries. While the Rural Medical Practitioners were working in the time scale of pay and discharging their duties as regular employees of the Panchayat Unions, to their shock and surprise, G.O.Ms.No.250, Rural Development Department, dated 14.9.2000 was issued, which reads as follows : "Rural Development Department – Panchayat Union Rural Medical Officers – Time Scale of pay granted – Assessment of functioning of Rural dispensaries, filling up of vacancies and the eligibility of Rural medical officers for other benefits – orders issued. ----------------------------------------------------------------- Rural Development Department G.O.(M.S.)No.250 Date: 14.09.2000 Ref: 1) G.O.(M.S.)No.16, Rural Development Department, dated 29.01.1998. 2) The Director of Local Fund Audit letter Na.Ka.No.30740/99/01 dated 30.05.1999. 3) The Director of Local Fund Audit letter Na.Ka.No.18503/E3/97 dated 29.07.1999. 4) Government letter No.29161/E5/98-12, Rural Development Department, dated 27.09.1999. 5) The Director of Rural Development, letter Na.Ka.No.106744/98/E3 dated 29.01.2000. ---- ORDER There are two types of dispensaries regular dispensaries and part time rural dispensaries in the control of the Panchayat unions. Registered B1, B2, C hereditary practitioners were appointed on consolidated pay in the part time rural dispensaries and qualified doctors were appointed on time scale of pay in the regular dispensaries. The part time rural medical officers working in panchayat union were placed under the time scale of https://hcservices.ecourts.gov.in/hcservices/ pay as per the orders of the Madras High Court from 01.10.1984 as Rs.780-35-1025-40-1385 and Rs.1820-60-2300-75-3200 from 01.06.1998 onwards ordered as per the G.O. referred as item no.1 in the reference. The Director of Rural Development informs that among the 345 part time rural medical officers in the panchayat unions who were placed in the scale of pay as per the government order; among this 93 are vacant; and 112 are qualified medical graduates or diploma holders; and 108 are B2 registered doctors. The remaining has studied up to Xth standard or below that. 2. Clarifications from the government were sought for that whether the rural