IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 18-06-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.16729 of 2006 (O.A.No.7821 of 1995) S.K.Chinnaiah .. Petitioner. Versus 1.The Director of Health Services, Teynampet, Madras-18. 2.The Joint Director of Health Service, The Nilgiris @ Udhagamandalam, Nilgiris District. 3.The Deputy Director of Health Services, The Nilgiris @ Udhagamandalam, Nilgiris District. 4.The Medical Officer, Government Hospital, Coonoor, Nilgiris District. .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the Joint Director of Health Services, Nilgiris, Ooty in his order Lr.No.7728/E2/95, dated 26..7.95 and set aside the same and further direct the respondents to award the 5 months salary of the applicant for the period from 28.2.1995 to 26.7.95 in the pay scale of Rs.950- 20-1150-25-1500 and further direct the respondents to post the applicant as Driver in any one of the available vacancy under the respondent. For Petitioner : Mr.K.Thennan For Respondents : Mr.T.Sreenivasan Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R This petition is filed seeking to call for the records pertaining to the impugned order passed by the Joint Director of Health Services, Nilgiris, Ooty, in his order Lr.No.7728/E2/95, dated 26.7.95 and to quash the same. 2. It is submitted by the petitioner that he was initially appointed as a Stretcher Bearer and posted at the Government Head Quarters Hospital, Ooty, in Nilgiris District, on 22.2.90. The services of the petitioner was regularised by the proceedings in Na.Ka.No.12525/Ni3/92, dated 12.11.1992, issued by the Joint Director of Health Services, Nilgiris, with effect from 21.2.1991. The petitioner was promoted and posted as a Driver at the Government Hospital, Coonoor, on 14.2.95, vide proceedings, No.1098/TB/95, dated 14.2.95, issued by the Joint Director of Health Services, Nilgiris. He had joined duty as a Driver, on 28.2.95. However, the Medical Officer at the Government Hospital, Coonoor, had refused to permit the petitioner to drive the vehicle allotted to him. He was not paid the salary due to him for five months, even though he was regularly available for performing his duties. While so, the Joint Director of Health Services, Nilgiris, had issued the impugned order in Lr.No.7728/E2/95, dated 26.7.95, posting the petitioner as a Hospital Worker at the Government Head Quarters Hospital at Ooty on a lesser pay scale. In such circumstances, the petitioner had filed the original application in O.A.No.7821 of 1995 before the Tamil Nadu Administrative Tribunal, which has transferred to this Court and re-numbered as W.P.No.16729 of 2006. 3. The learned counsel appearing on behalf of the respondents had denied the allegations made by the petitioners and had submitted that the impugned orders passed by the Joint Director of Health Services, Nilgiris, on 26.7.95, in Lr.No.7728/E2/95, is in accordance with the rules applicable to the case and therefore, it is valid in the eye of law. However, the learned counsel appearing for the respondents had submitted that in case the petitioner was found qualified and eligible for promotion as a Driver as claimed by him, he can be considered for such promotion, in accordance with law, as and when such a vacancy arises. 4. The learned counsel for the petitioner had submitted that it would suffice, if the submissions made by the learned counsel for the respondents are recorded and an order passed by this Court, directing the first respondent to consider the https://hcservices.ecourts.gov.in/hcservices/ petitioner for the post of Driver, as and when such a vacancy arises, in the respondent Department, if he is otherwise eligible. 5. In view of the submissions made by the learned counsel appearing for the petitioner, as well as the respondents, the first respondent is directed to consider the petitioner for being promoted as a Driver in the respondent Department, if he is found to be qualified and fit to be promoted, in accordance with the relevant rules applicable to him and pass appropriate orders thereon, expeditiously. With the above observations, this writ petition is disposed of. No costs. Csh Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Director of Health Services, Teynampet, Madras-18. 2.The Joint Director of Health Service, The Nilgiris @ Udhagamandalam, Nilgiris District. 3.The Deputy Director of Health Services, The Nilgiris @ Udhagamandalam, Nilgiris District. 4.The Medical Officer, Government Hospital, Coonoor, Nilgiris District. Writ Petition No.16729 of 2006 + 1 cc to Mr. K. Thennan, Advocate SR No. 30568 + 1 cc to the Government Pleader, SR No.31043 GB(CO) SR/1.7.2008 https://hcservices.ecourts.gov.in/hcservices/