Madras High Court
Unknown vs The State Of Tamil Nadu on 17 March, 2023
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. Nos. 25671, 25675 and 26518 of 2021
and
W.P. Nos. 272 and 19996 of 2022
and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
and
W.M.P. Nos. 27109, 27110, 27116 and 27117 of 2021
and
W.M.P. Nos. 296, 8686, 8692 and 19291 of 2022
and
W.M.P. Nos. 751, 752, 754, 804, 805, 806, 7391, 7390, 7395, 7397, 7456,
7457 and 7459 of 2023
W.P. No. 25671 of 2021
1. P.E.Saravanan
2. P.Mohan
3. P.Venkateswaran
4. R.Manikandan
5. K.Suresh Kumar
6. R.Suresh
7. D.Senthilkumar
8. R.Tamilvanan
9. L.Chandrakanth
10. M.Kathiravan
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
11. R.Rajakumar
12. P.Sivakandan
13. S.Murali
14. R.Kumar
15. M.Bakiyaraj
16. G.Ravi
17. N.Sugumaran
18. N.Muthu
19. A.Ramu
20. M.Baskaran
21. R.Manjini
22. M.Kumar
23. M.Mouttouramin
24. S.Nirmalkumar
25. T.Raman
26. D.Pradaban
27. J.Udhayakumar
28. B.Murugan
29. R.Prakash
30. V.Rajasekar
31. V.Veeramanikandan
32. D.Karikalcholan
33. V.Vignesh
34. R.Rajaguru
35. S.Chithambaram
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
36. S.Balasubramaniyan
37. C.Selvadurai
38. P.Vinoth
39. J.Prathap
40. V.Manikandan
41. M.Raja
42. E.Elavazhagan
43. N.Nandhakumar
44. V.Vignesh
45. Sathyaraj
46. G.Kumaresan
47. V.Lokesh
48. M. Ravi
49. R.Venugopal
50. A.Kathiravan
51. G.Karthikeyan
52. G.Venkatesh
53. S.Ananth
54. R.Krishnaraj
55. B.Manimaran
56. M.Lakshmipathi
57. S.Ramkumar
58. V.Mugunthanraj
59. P.Udhayanithi
60. R.Viji
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
61. V.Ramamoorthy
62. R.Thamaraikkannan
63. D.Kolanjinathan
64. R.Marimuthu
65. M.Udhayakumar
66. A.Azhagan
67. M.Kulandaivelu
68. E.P.Vinoth
69. D.Vinothkumar
70. T.Suresh
71. S.Gopinathan
72. P.Santhosh Kumar
73. T.Jeyashreevishnu Kumar
74. P.Ilavarasan
75. V.Arunkumar
76. C.Ezhilselvan
77. M.Vinothkumar
78. T.Saranraj
79. D.Veerarajan
80. R.Ranjith
81. P.Balasubramani
82. D.Sivalingam
83. E.Tamilvendhan
84. M.Sathishkumar
85. A.Karthikeyan
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
86. K.Manivannan
87. K.Prakashkumar
88. D.Jaganmani
89. J.Paranthaman
90. A.Murugan
91. K.Ganesh
92. A.Rajadurai
93. G.Satheeshkumar
94. K.Balaji ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai – 600 009.
2. The Director,
Directorate of Public Health and Preventive Medicine,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006.
3. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
4. The Commissioner,
Municipal Administration & Water Supply Department,
Chepauk, Chennai – 600 005.
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
5. The Principal,
Pondicherry University Community College,
(A Constituent College of Pondicherry)
Lawspet, Puducherry – 605 008. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent to
issue appointment orders on permanent basis to candidates with one year
Diploma in Sanitation from Pondicherry University Community College who
were appointed on the 334 posts of Multi Purpose Health Workers sanctioned
under G.O.Ms.No. 338, Health and Family Welfare (L1) Department dated
02.08.2019 and as Multi Purpose Health Worker during covid-19 pandemic on
temporary basis.
For Petitioners : Mrs. Nalini Chidambaram,
Senior Counsel
for Ms. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 to R4)
No appearance (for R5)
W.P. No. 25675 of 2021
1. P.E.Saravanan
2. P.Mohan … Petitioners
-vs-
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai – 600 009.
2. The Director,
Directorate of Public Health and Preventive Medicine,
Government of Tamil Nadu,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006.
3. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
4. The Commissioner,
Municipal Administration & Water Supply Department,
Chepauk, Chennai – 600 005.
5. The Principal,
Pondicherry University Community College,
(A Constituent College of Pondicherry)
Lawspet, Puducherry – 605 008. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent
issue appropriate orders to recognize the Diploma in Sanitation Inspector (DSI)
from Pondicherry University Community College for recruitment purposes in
Tamil Nadu as in Pondicherry as requested by the Principal, Pondicherry
University Community College, the Fifth Respondent herein, in his letter dated
23.09.2021 having Ref.No.PUCC/Aca/DSI/RR/2021-22 addressed to the
Second Respondent.
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
For Petitioners : Mrs. G.Nalini Chidambaram,
Senior Counsel
for Mrs. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 to R4)
R 5 - No appearance
W.P. No. 26518 of 2021
1. P.E.Saravanan
2.P.Mohan
3. P.Venkateswaran
4. R.Manikandan
5. K.Suresh Kumar
6. R.Suresh
7. D.Senthilkumar
8. R.Tamilvanan
9. L.Chandrakanth
10. M.Kathiravan
11. R.Rajakumar
12. P.Sivakandan
13. S.Murali
14. R.Kumar
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
15. M.Bakiyaraj
16. G.Ravi
17. N.Sugumaran
18. N.Muthu
19. A.Ramu
20. M.Baskaran
21. R.Manjini
22. M.Kumar
23. M.Mouttouramin
24. S.Nirmalkumar
25. T.Raman
26. D.Pradaban
27. J.Udhayakumar
28. B.Murugan
29. R.Prakash
30. V.Rajasekar
31. V.Veeramanikandan
32. D.Karikalcholan
33. V.Vignesh
34. R.Rajaguru
35. S.Chithambaram
36. S.Balasubramaniyan
37. C.Selvadurai
38. P.Vinoth
39. J.Prathap
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
40. V.Manikandan
41. M.Raja
42. E.Elavazhagan
43. N.Nandhakumar
44. V.Vignesh
45. Sathyaraj
46. G.Kumaresan
47. V.Lokesh
48. M. Ravi
49. R.Venugopal
50. A.Kathiravan
51. G.Karthikeyan
52. G.Venkatesh
53. S.Ananth
54. R.Krishnaraj
55. B.Manimaran
56. M.Lakshmipathi
57. S.Ramkumar
58. V.Mugunthanraj
59. P.Udhayanithi
60. R.Viji
61. V.Ramamoorthy
62. R.Thamaraikkannan
63. D.Kolanjinathan
64. R.Marimuthu
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
65. M.Udhayakumar
66. A.Azhagan
67. M.Kulandaivelu
68. E.P.Vinoth
69. D.Vinothkumar
70. T.Suresh
71. S.Gopinathan
72. P.Santhosh Kumar
73. T.Jeyashreevishnu Kumar
74. P.Ilavarasan
75. V.Arunkumar
76. C.Ezhilselvan
77. M.Vinothkumar
78. T.Saranraj
79. D.Veerarajan
80. R.Ranjith
81. P.Balasubramani
82. D.Sivalingam
83. E.Tamilvendhan
84. M.Sathishkumar
85. A.Karthikeyan
86. K.Manivannan
87. K.Prakashkumar
88. D.Jaganmani
89. J.Paranthaman
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
90. A.Murugan
91. K.Ganesh
92. A.Rajadurai
93. G.Satheeshkumar
94. K.Balaji ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Chennai – 600 009.
2. The Director,
Directorate of Public Health and Preventive Medicine,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006.
3. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
4. The Commissioner,
Municipal Administration & Water Supply Department,
Chepauk, Chennai – 600 005.
5. The Committee Director,
State Welfare Association,
Health and Family Welfare Department,
No. 359, Anna Salai, 5th Floor, DMS Annex Building,
Teynampet, Chennai – 600 006.
6. The Executive Secretary / Deputy Director,
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
District Welfare Association,
Health and Family Welfare Department,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006.
7. The Principal,
Pondicherry University Community College,
(A Constituent College of Pondicherry)
Lawspet, Puducherry – 605 008. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent to
include the one year Diploma certificate in sanitation from Pondicherry
University Community College as one of the eligible criteria for applying for the
2448 posts of Multipurpose Health Worker in the Health and Wellness Centres
across the State of Tamil Nadu in the Annexure VI-A of the G.O.Ms.No.531,
Health and Family Welfare (EAP II-2) Department dated 25.11.2021 issued by
the First Respondent.
For Petitioners : Mrs. Nalini Chidambaram,
Senior Counsel
for Ms. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 to R6)
No appearance (for R7)
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
W.P. No. 272 of 2022
1. P.Vadivel
2. A.Jeganathan
3. S.Vinoth
4. V.Viswanathan
5. M.Thiruppathi
6. C.Suresh
7. R.Mani
8. R.Aruchamy
9. R.Selvakumar
10. D.Pragatheswaran
11. R.Karthick
12. B.Eswaran
13. M.Parasuraman
14. R.Rajkumar
15. P.Thangeswaran
16. K.Prakash
17. A.Askar Ali
18. M.Prakasha Ruban
19. C.Suresh
20. S.Thamizharasan
21. E.Kannan Maharaja
22. M.Venkatesan
23. V.Yuvraj
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
24. V.Dhamotharan
25. P.Aravindhan
26. N.Meenakshi Sundar
27. C.Dineshkumar
28. A.Senthil Velkumar
29. K.Parthasarathi
30. S.Kalaichelvan
31. S.Sanjay ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Director of Public Health and Preventive Medicine,
DMS Compound, Anna Salai,
Teynampet,
Chennai – 600 006.
3. The Chairman,
Medical Recruitment Board,
7th Floor, DMS Compound,
359 Anna Salai,
Chennai – 600 006. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the Respondents to
implement G.O.Ms. No. 338, Health and Family Welfare Department dated
02.08.2019 to fill up the regular sanctioned vacancies to the post of Health
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
Inspector Grade – II as per the qualification prescribed in the Government Order
and consequently consider the Petitioners for selection for regular appointment
to the sanctioned post of Health Inspector Grade-II based on the merit in the
selection and based on the representation submitted by the Petitioners.
For Petitioners : Mr. G.Sankaran,
Senior Counsel
for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 and R2)
Mr. M.Loganathan (for R3)
W.P. No. 19996 of 2022
1. P.E.Saravanan
2. P.Mohan
3. S.Murali
4. M.Lakshmipathi
5. M.Kulandaivelu
6. R.Tamilvanan
7. D.Veerarajan
8. C.Ezhilselvan
9. G.Karthikeyan
10. D.Karikalcholan
11. B.Murugan
12. D.Pradaban
13. R.Rajaguru
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
14. V.Vignesh
15. R.Viji
16. T.Raman
17. R.Krishnaraj
18. J.Prathap
19. T.Jeyashreevishnu Kumar
20. K.Suresh Kumar
21. S.Gopinathan
22. R.Marimuthu
23. P.Udhayanithi
24. A.Rajadurai
25. T.Rajamanickam
26. S.Chithambaram
27. A.Kathiravan
28. N.Sugumaran
29. P.Sivakandan
30. G.Ravi
31. G.Venkatesh
32. G.Kumaresan
33. M.Bakiyaraj
34. R.Kumar
35. R.Manjini ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai – 600009.
2. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
3. The Director,
Directorate of Public Health and Preventive Medicine,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006.
4. The Commissioner,
Municipal Administration & Water Supply Department,
Chepauk, Chennai – 600 005.
5. The Principal,
Pondicherry University Community College,
(A Constituent College of Pondicherry)
Lawspet, Puducherry – 605 008. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the Second Respondent
to pay the monthly salary of the Petitioners amounting to Rs. 20,000/- per
month from February 2022 onwards and continue to pay the salary of the
Petitioners who are working as Multipurpose Health Workers even as on date.
For Petitioners : Mrs. Nalini Chidambaram,
Senior Counsel
for Ms. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
(for R1 to R4)
No appearance (for R5)
W.P. No. 803 of 2023
1. P. Vadivel
2. M. Thiruppathi
3. C. Suresh
4. R. Mani
5. R. Aruchamy
6. R. Selvakumar
7. D. Pragatheswaran
8. R. Karthick
9. B. Eswaran
10. R. Rajkumar
11. P. Thangeswaran
12. M. Prakasha Ruban
13. S. Tamizharasan
14. M. Venkatesan
15. A.Senthil Velkumar … Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Director of Public Health and Preventive Medicine,
DMS Compound, Anna Salai,
Teynampet, Chennai – 600 006.
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
3. The Chairman,
Medical Recruitment Board,
7th Floor, DMS Compound,
359 Anna Salai, Chennai – 600 006. ...
Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order issued by the Second Respondents in
R.No.24974/Mp1/S1/2020 dated 03.01.2023 and to quash the same insofar as
the Petitioners are concerned and consequently directing the Respondents to
allow the Petitioners to continue to work as Health Inspector Grade-II in
accordance with proceedings of Second Respondent in
R.No.24974/MP1/S1/2020 dated 30.06.2021.
For Petitioners : Mr. G.Sankaran,
Senior Counsel
for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 and R2)
Mr. M.Loganathan (for R3)
W.P. No. 832 of 2023
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
1. P.E.Saravanan
2. P.Mohan
3. P.Venkateswaran
4. R.Manikandan
5. K.Suresh Kumar
6. R.Suresh
7. D.Senthilkumar
8. R.Tamilvanan
9. M.Kathiravan
10. P.Sivakandan
11. S.Murali
12. R.Kumar
13. M.Bakiyaraj
14. G.Ravi
15. N.Sugumaran
16. N.Muthu
17. A.Ramu
18. M.Baskaran
19. R.Manjini
20. M.Kumar
21. M.Mouttouramin
22. S.Nirmalkumar
23. T.Raman
24. D.Pradaban
25. J.Udhayakumar
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W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
26. B.Murugan
27. R.Prakash
28. V.Rajasekar
29. V.Veeramanikandan
30. D.Karikalcholan
31. V.Vignesh
32. R.Rajaguru
33. S.Chithambaram
34. S.Balasubramaniyan
35. C.Selvadurai
36. P.Vinoth
37. J.Prathap
38. V.Vignesh
39. G.Kumaresan
40. R.Venugopal
41. A.Kathiravan
42. G.Karthikeyan
43. G.Venkatesh
44. S.Ananth
45. R.Krishnaraj
46. B.Manimaran
47. M.Lakshmipathi
48. V.Mugunthanraj
49. P.Udayanithi
50. R.Viji
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51.V.Ramamoorthy
52. R.Thamaraikkannan
53. D.Kolanjinathan
54. R.Marimuthu
55. M.Kulandaivelu
56. E.P.Vinoth
57. D.Vinothkumar
58. T.Suresh
59. S.Gopinathan
60. T.Jeyashreevishnu Kumar
61. T.Saranraj
62. D.Veerarajan
63. M.Sathishkumar
64. A.Karthikeyan
65. D.Jaganmani
66. K.Ganesh
67. A.Rajadurai
68. G.Satheeshkumar
69. K.Balaji
70. S.Jayachandran
71. G.Subash ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Health and Family Welfare Department,
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
Fort St. George, Chennai – 600 009.
2. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
3. The Director,
Directorate of Public Health and Preventive Medicine,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the order passed by the Third Respondent dated
03.01.2023 having Ref.No.R.No.24974/MP1/S1/2020 and quash the same and
consequently issue direction to the Respondents to allow the Petitioners to
continue to work in the present place as Multi Purpose Health Workers as per
the interim order of status quo of this Hon'ble Court dated 06.12.2021 in
W.M.P. Nos. 27110 and 27117 of 2021 in W.P. Nos. 25671 of 2021 and
25675 of 2021.
For Petitioners : Mrs. Nalini Chidambaram,
Senior Counsel
for Ms. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
W.P. No. 7306 of 2023:-
1. P.E.Saravanan
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
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2. P.Mohan
3. P.Venkateswaran
4. R.Manikandan
5. K.Suresh Kumar
6. R.Suresh Kumar
7. D.Senthilkumar
8. R.Tamilvanan
9. M.Kathiravan
10. P.Sivakandan
11. S.Murali
12. R.Kumar
13. M.Bakiyaraj
14. G.Ravi
15. N.Sugumaran
16. N.Muthu
17. A.Ramu
18. M.Baskaran
19. R.Manjini
20. M.Kumar
21. M.Mouttouramin
22. S.Nirmalkumar
23. T.Raman
24. D.Pradaban
25. J.Udhayakumar
26. B.Murugan
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27. R.Prakash
28. V.Rajasekar
29. V.Veeramanikandan
30. D.Karikalcholan
31. V.Vignesh
32. R.Rajaguru
33. S.Chithambaram
34. S.Balasubramaniyan
35. C.Selvadurai
36. P.Vinoth
37. J.Prathap
38. V.Vignesh
39. G.Kumaresan
40. R.Venugopal
41. A.Kathiravan
42. G.Karthikeyan
43. G.Venkatesh
44. S.Ananth
45. R.Krishnaraj
46. B.Manimaran
47. M.Lakshmipathi
48. V.Mugunthanraj
49. P.Udayanithi
50. R.Viji
51.V.Ramamoorthy
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52. R.Thamaraikkannan
53. D.Kolanjinathan
54. R.Marimuthu
55. M.Kulandaivelu
56. E.P.Vinoth
57. D.Vinothkumar
58. T.Suresh
59. S.Gopinathan
60. T.Jeyashreevishnu Kumar
61. T.Saranraj
62. D.Veerarajan
63. M.Sathishkumar
64. A.Karthikeyan
65. D.Jaganmani
66. K.Ganesh
67. A.Rajadurai
68. G.Satheeshkumar
69. K.Balaji
70. S.Jayachandran
71. G.Subash ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Health and Family Welfare Department,
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
Fort St. George, Chennai – 600 009.
2. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration & Water Supply Department,
Fort St. George, Chennai – 600 009.
3. The Director,
Directorate of Public Health and Preventive Medicine,
No. 359, Anna Salai, DMS Complex,
Teynampet, Chennai – 600 006. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the order passed by the Third Respondent dated
01.03.2023 having Ref.No.R.No.24974/MP1/S1/2020 and quash the same and
consequently issue direction to the Respondents to allow the Petitioners to
continue to work in the present place as Multi Purpose Health Workers until the
Petitioners are absorbed permanently in the post of Multi Purpose Health
Workers (Formerly Health Inspector Grade II) in the Directorate of Public
Health and Preventive Medicine.
For Petitioners : Mrs. Nalini Chidambaram,
Senior Counsel
for Ms. C.Uma
For Respondents : Mr. B.Vijay,
Additional Government Pleader
W.P. No. 7372 of 2023
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W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
1. P.Vadivel
2. M.Thiruppathi
3. C.Suresh
4. R.Mani
5. R.Aruchamy
6. R.Selvakumar
7. D.Pragatheswaran
8. R.Karthick
9. B.Eswaran
10. R.Rajkumar
11. P.Thangeswaran
12. M. Prakasha Ruban
13. S.Tamizharasan
14. M.Venkatesan
15. A.Senthil Velkumar … Petitioners
-vs-
1. The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
Health and Family Welfare Department,
https://www.mhc.tn.gov.in/judis
29/56
W.P. Nos. 25671, 25675 and 26518 of 2021 and
W.P. Nos. 272 and 19996 of 2022 and
W.P. Nos. 803, 832, 7306 and 7372 of 2023
Secretariat, Fort St.George,
Chennai – 600009.
2. The Director of Public Health and Preventive Medicine,
DMS Compound, Anna Salai,
Teynampet,
Chennai – 600006.
3. The Chairman,
Medical Recruitment Board,
7th Floor, DMS Compound,
359 Anna Salai, Chennai – 600 006. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, calling for the records relating to
the impugned order issued by the Second Respondent in
R.No.24974/MP1/S1/2020 dated 01.03.2023 and to quash the same insofar as
the Petitioners are concerned and consequently directing the Respondents to
allow the Petitioners to continue to work as Health Inspector Grade – II
in accordance with proceedings of Second Respondent in
R.No.24974/MP1/S1/2020 dated 30.06.2021.
For Petitioners : Mr. G.Sankaran,
Senior Counsel
for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,
Additional Government Pleader
(for R1 and R2)
Mr. M.Loganathan (for R3)
COMMON ORDER
https://www.mhc.tn.gov.in/judis 30/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Heard Mrs. Nalini Chidambaram, Learned Senior Counsel for the Petitioners in W.P. Nos. 25671, 25675 and 26518 of 2021, 19996 of 2022, 832 and 7306 of 2023, Mr. G.Sankaran, Learned Senior Counsel for the Petitioners in W.P. Nos. 272 of 2022, 803 and 7372 of 2023, and Mr. B.Vijay, Learned Additional Government Pleader appearing for the Government-Respondents in all the Writ Petitions and Mr. B.Loganathan, Learned Counsel for the Medical Recruitment Board in W.P. Nos. 272 of 2022, 803 and 7372 of 2023 and perused the materials placed on record, apart from the pleadings of the parties.
2. As the controversies involved in these Writ Petitions are inextricably connected with each other, they are taken up for common adjudication by this order.
3. The Government of Tamil Nadu by G.O.Ms. No. 95, Heath and Family Welfare Department dated 13.03.2020 in the exercise of powers conferred under the Tamil Nadu Public Health Act, 1939, had declared Covid-19 as a notified disease in the State of Tamil Nadu, and had permitted the Director of Public Health and Preventive Medicine to engage 2715 Multipurpose Health Worker (Male) in the post of Health Inspector Grade II on outsourcing as a https://www.mhc.tn.gov.in/judis 31/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 temporary measure to meet the exigencies of that situation. Such appointments were made on a consolidated pay of Rs. 20,000/- per month through outsourcing agencies initially for a period of two months, which was periodically extended upto 31.03.2022 taking note of the pandemic requirements. As against 1646 persons who had been hired in the said post, 1560 of them left their job on expiry of contractual tenure. The remaining 86 persons, who are amongst the Petitioners in the Writ Petition in W.P. No. 25671 of 2021 (filed on 26.11.2021) have sought for a direction to the Government of Tamil Nadu to issue appointment orders on permanent basis to candidates with one year Diploma in Sanitation from Pondicherry University Community College, who had been temporarily engaged as Health Inspector Grade II during the Covid pandemic. This Court by an interim order dated 06.12.2021 in W.M.P. No. 27110 of 2021 in W.P. No. 25671 of 2021 had required status quo regarding employment of those Petitioners in the said Writ Petition to be maintained, which continues to be in force as on date.
4. The Petitioners in the Writ Petition in W.P. No. 272 of 2022 (filed on 05.01.2023) have sought for a direction to fill up the sanctioned vacancies in https://www.mhc.tn.gov.in/judis 32/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 the post of Health Inspector Grade II as per the qualification prescribed in G.O. Ms. No. 338 Health and Family Welfare Department dated 02.08.2019 issued by the Government of Tamil Nadu and consequently consider them for selection to that post based on the representations made by them. The benefit of the aforesaid interim order granted in W.P. No. 25671 of 2021 have been extended to these Petitioners also by order dated 10.01.2022 passed in W.M.P. No. 298 of 2022 in W.P. No. 272 of 2022 passed by the Court.
5. The Principal, Pondicherry University Community College by Letter no. 23.09.2021 had requested the Director of Public Health and Preventive Medicine, Government of Tamil Nadu, Chennai, to recognize the Diploma programme in Sanitary Inspector of that institution for recruitment purposes in Tamil Nadu as in Puducherry. The Petitioners in the Writ Petition in W.P. No. 25675 of 2021 (filed on 26.11.2021) have sought for a direction to the Government of Tamil Nadu to implement it.
6. The Petitioners in W.P. No. 26518 of 2021 (filed on 08.12.2021) have sought direction to the Government of Tamil Nadu to include one year Diploma https://www.mhc.tn.gov.in/judis 33/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 certificate from Pondicherry University Community College as one of the eligibility criteria to apply for the posts of 2448 Multipurpose Health Worker in the Health and Wellness Centres across Tamil Nadu in the Annexure VI-A to G.O.Ms. No. 531, Health and Family Welfare (EAP II-2) Department dated 25.11.2021 issued by the Government of Tamil Nadu.
7. The grievance ventilated by the Petitioners in the Writ Petition in W.P. No. 19996 of 2022 (filed on 27.07.2022) is that they have not been paid the salary of Rs.20,000/- from February 2022 to July 2022 and have sought for appropriate directions in that regard.
8. The Director of Public Health and Preventive Medicine by Proceedings R.No. 24974/MP1/S1/2020 dated 03.01.2023, after taking note of the decision to dispense with the services of the temporary engagement of the outsourced Health Inspector Grade-II with effect from 31.03.2022 and the continuance of the interim order of status quo passed in W.P. No. 25671 of 2021 and W.P. No. 272 of 2022 by the Court, instructed to divert and utilize the services of those 85 Temporary Health Inspectors Grade-II at various places in the Health and Wellness Centres under the National Health Mission Scheme (NHM). The said https://www.mhc.tn.gov.in/judis 34/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 order has been challenged by the Petitioners in W.P. No. 803 of 2023 (filed on 09.01.2023), W.P. No. 832 of 2023 (filed on 09.01.2023) W.P. No.7306 of 2023 (filed on 03.03.2023) and W.P. No. 7372 of 2023 (filed on 06.03.2023) contending that the consolidated pay of Rs. 20,000/- per month paid to them as Health Inspector Grade II would get reduced to Rs. 14,000/- per month in the changed dispensation and as such, they should be permitted to continue in the existing post.
9. Having regard to various reliefs sought by the Petitioners in the aforesaid Writ Petitions, the following points arise for consideration:-
(i) Whether the persons who had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 are entitled to permanent absorption in service? (W.P. No. 25671 of 2021)
(ii) Whether the persons holding one year Diploma in Sanitary Inspector from Pondicherry University Community College are entitled to seek inclusion of the said course of study as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry including applying for the 2448 posts of Multipurpose Health Workers in the Health and Wellness Centres across Tamil Nadu in Annexure VI-A to G.O.Ms. No. 531, https://www.mhc.tn.gov.in/judis 35/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Health and Family Welfare Department, dated 25.11.2021 issued by the Government of Tamil Nadu? (W.P. Nos. 25675 and 26518 of 2021)
(iii) Whether any direction could be issued to the Government of Tamil Nadu to fill up the sanctioned vacancies in the post of Health Inspector Grade II as per the qualifications prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 issued by the Government of Tamil Nadu? (W.P. No. 272 of 2022)
(iv) Whether any direction has to be issued to the Government of Tamil Nadu for payment of salary of Rs. 20,000/- per month from February 2022 to July 2022 to certain persons who had been employed as Health Workers Grade II? (W.P. No. 19996 of 2022)
(v) Whether the persons who had been temporarily engaged as Health Inspector Grade II on consolidated pay are entitled to receive Rs.
20,000/- per month after diverting to utilize their services in the Health and Wellness Centres under the National Health Mission Scheme when the consolidated pay for the same has been fixed at Rs. 14,000/- per month or continue their services as Health Inspector Grade II on consolidated pay of Rs. 20,000/- per month in the same place till they are permanently absorbed in service? (W.P. Nos. 803, 832 and 7306 of https://www.mhc.tn.gov.in/judis 36/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 2023)
10. Point (i): Whether the persons who had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 are entitled to permanent absorption in service? (W.P. No. 25671 of 2021) It is not in dispute that the Petitioners had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 to meet the emergent needs of the pandemic requirements and their appointments had not been made following the prescribed procedure under the recruitment rules after invitation to all qualified candidates to apply for the post at that relevant point of time in consonance with the mandate of Articles 14 and 16 of the Constitution of India. At this juncture, it would be necessary to quote the legal position on regularization of service in public employment as laid down by the Constitution Bench of the Hon'ble Supreme Court of India in Secretary, State of Karnataka
-vs- Umadevi [(2006) 4 SCC 1], which reads as follows:-
“47. When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognised by https://www.mhc.tn.gov.in/judis 37/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a person cannot invoke the theory of legitimate expectation for being confirmed in the post when an appointment to the post could be made only by following a proper procedure for selection and in cases concerned, in consultation with the Public Service Commission. Therefore, the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the State has held out any promise while engaging these persons either to continue them where they are or to make them permanent. The State cannot constitutionally make such a promise. It is also obvious that the theory cannot be invoked to seek a positive relief of being made permanent in the post.
48. ....Those who are working on daily wages formed a class by themselves, they cannot claim that they are discriminated as https://www.mhc.tn.gov.in/judis 38/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 against those who have been regularly recruited on the basis of the relevant rules. No right can be founded on an employment on daily wages to claim that such employee should be treated on a par with a regularly recruited candidate, and made permanent in employment, even assuming that the principle could be invoked for claiming equal wages for equal work. There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant https://www.mhc.tn.gov.in/judis 39/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 recruitment rules....” In view of the aforesaid binding dictum of the Highest Court of the Land, the Petitioners cannot claim any right for absorption or permanent continuance in the post and if such benefit is extended to them, it would squarely amount to blatant violation of the constitutional scheme, which cannot be countenanced.
11. Point (ii): Whether the persons holding one year Diploma in Sanitary Inspector from Pondicherry University Community College are entitled to seek inclusion of the said course of study as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry including applying for the 2448 posts of Multipurpose Health Workers in the Health and Wellness Centres across Tamil Nadu in Annexure VI-A to G.O.Ms. No. 531, Health and Family Welfare Department, dated 25.11.2021 issued by the Government of Tamil Nadu? (W.P. Nos. 25675 and 26518 of 2021) Some of the persons, who had temporarily worked as Health Inspector Grade II on contract basis were holding one year Diploma in Sanitary Inspector from Pondicherry University Community College, but the said course of study had https://www.mhc.tn.gov.in/judis 40/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 not been included in Annexure VI-A to G.O.Ms. No. 531, Health and Family Welfare Department, dated 25.11.2021 issued by the Government of Tamil Nadu, though the Principal of Pondicherry University Community College had recommended for its inclusion as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry. In this context, it would be useful to recapitulate the principles relating to determination of equivalence of prescribed qualifications for any post under the State with any other given qualification, as highlighted in Devender Bhaskar -vs- State of Haryana (Order dated 24.11.2021 in Civil Appeal No. 7031 of 2021) from the earlier decisions of the Hon'ble Supreme Court of India referred below:-
(i) Mohammad Shujat Ali -vs- Union of India [(1975) 3 SCC 76]:
The question regarding equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications. Where the decision of the Government is based on the recommendation of an expert body, then the Court, uninformed of relevant data and unaided by technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government unless it is based on extraneous or irrelevant https://www.mhc.tn.gov.in/judis 41/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 considerations or actuated malafides or is irrational and perverse or manifestly wrong.
(ii) Ranga Swamy -vs- Government of Andhra Pradesh [(1990) 1 SCC 288]:
It is not for the Court to consider the relevance of qualification prescribed for various post.
(iii) State of Rajasthan -vs- Lata Arun [(2002) 6 SCC 252]:
The prescribed eligibility qualification for admission to a course or for recruitment to or promotion in service are matters to be considered by the appropriate authority.
(iv) Guru Nanak Dev University -vs- Sanjay Kumar Katwal [(2009) 1 SCC 610]:
The equivalence is a technical academic matter. It cannot be implied or assumed. Any decision of the academic body of the university relating to equivalence should be by a specific order or resolution, duly published.
(v) Zahoor Ahmad Rather & Ors -vs- Sheikh Imtiyaz Ahmad [(2019) 2 SCC 404]:
The State, as an employer, is entitled to prescribe qualifications as a condition of eligibility, after taking into consideration the nature of the https://www.mhc.tn.gov.in/judis 42/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 job, the aptitude required for efficient discharge of duties, functionality of various qualifications, course content leading up to the acquisition of various qualifications, etc., The said view has been reinforced in Institution of Mechanical Engineers (India) -vs- State of Punjab [(2019) 16 SCC 95] in the following words:-
“45. ....What is the value of that certificate will be considered by each employer as and when the occasion arises. The appellant would certainly be entitled to award Certificate of Membership to its Members. What weightage the Certificates must have is for the individual employers to consider in a given case. The concerned employer may attach due importance to such Certificates while considering the worth and ability of the concerned candidates but to say that the Certificates are equivalent to a degree and as such all the candidates who hold such Certificates are entitled to derive the advantage which a degree holder can, is completely a different issue.” This would necessarily mean that it would not be permissible for the Court to enter into the realm of ascertaining the equivalence of prescribed qualification https://www.mhc.tn.gov.in/judis 43/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 for any post in public service. At the same time, it must be highlighted that the Government of Tamil Nadu has created a mechanism for the said purpose in G.O. Ms. No. 93, Higher Education (K2) Department, dated 30.05.2019 by constituting the equivalence committee under the Chairmanship of the Secretary to Government, Higher Education Department and has also prescribed the manner in which such exercise would have to be conducted. As such, if the Petitioners have any grievance relating to non-inclusion of their course of study in the prescribed qualification for filling up the vacancies in the regular post, they would have to work out their remedies accordingly in that regard.
12. Point (iii): Whether any direction could be issued to the Government of Tamil Nadu to fill up the sanctioned vacancies in the post of Health Inspector Grade II as per the qualifications prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 issued by the Government of Tamil Nadu? (W.P. No. 272 of 2022) It is contended by the Respondents that in furtherance to the recommendations made on 19.08.2021 by the Director of Public Health and Preventive Medicine, https://www.mhc.tn.gov.in/judis 44/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 it has been proposed to amend the service rule prescribing the qualification for the post of Multipurpose Health Worker /Health Inspector Grade II and carry out the recruitment process for filling up the vacancies in the post after publication of the said amendment. The changes in the prescribed qualification are reflected in the self-explanatory tabular statement below:-
Prior to 13.04.2017 After 13.04.2017 Must possess one year Multipurpose Must possess Two years Multipurpose Health Worker (Male) Sanitary Health Worker (Male) Sanitary Inspector Course Certificate granted Inspector Course Certificate granted by the Director of Public Heath and by the Director of Public Heath and Preventive Medicine or said course in Preventive Medicine or said course in University affiliated /Government University affiliated /Government recognized institutions. recognized institutions. The syllabus followed in such institutions should be equivalent to the syllabus prescribed by the Director of Public Health and Preventive Medicine.
The said reasons explained by the Respondents justifies their inability to fill up the vacancies as per the existing qualification prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department, dated 02.08.2019, issued by the Government of Tamil Nadu, which cannot be faulted. It has been emphatically ruled by the Constitution Bench of the Hon'ble Supreme Court of India in https://www.mhc.tn.gov.in/judis 45/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Shankarsan Dash -vs- Union of India [(1991) 3 SCC 47], where it has been ennunciated as follows:-
“ .... Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bona fide for the appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted....” Viewed from that perspective, it is not possible for this Court to issue any direction as sought for immediately filling up the vacancies without carrying out the proposed amendments relating to the eligibility conditions in the service rules.
13. Point (iv): Whether any direction has to be issued to the Government of Tamil Nadu for payment of salary of Rs. 20,000/- per month from February 2022 to July 2022 to certain persons who had been employed as Health https://www.mhc.tn.gov.in/judis 46/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Workers Grade II? (W.P. No. 19996 of 2022) Insofar as the claim for non-payment of salary to some of the Petitioners from February 2022 to July 2022 is concerned, the Respondent have disputed such liability by raising the plea that the concerned persons have not attended to duty for which they would not be entitled to any remuneration during that period. In such circumstances, the concerned persons would have to make representations before the salary disbursing authority along with proof of their attendance for the relevant period and in turn, the said authority would have to examine the same and pass appropriate orders thereon to pay their salaries due, if any, for the exact period that they establish to have actually worked.
14. Point (v): Whether the persons who had been temporarily engaged as Health Inspector Grade II on consolidated pay are entitled to receive Rs.
20,000/- per month after diverting to utilize their services in the Health and Wellness Centres under the National Health Mission Scheme when the consolidated pay for the same has been fixed at Rs. 14,000/- per month or continue their services as Health Inspector Grade II on consolidated pay of Rs. 20,000/- per month in the same place till they are permanently absorbed in https://www.mhc.tn.gov.in/judis 47/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 service? (W.P. Nos. 803, 832 and 7306 of 2023) It has been demonstrated by the Respondents that the necessity to temporarily engage the persons appointed as Health Inspector Grade II on consolidated pay has ceased and it was decided to dispense with their services with effect from 31.03.2022. However, in view of the continuance of the interim order of status quo passed by this Court in W.P. No. 25671 of 2021 and 272 of 2022, these persons have been permitted to continue to work in that post and the Respondents have filed applications in W.M.P. Nos. 8686, 8692 and 23726 of 2022, to vacate the said interim orders. The Respondents have also expressed their financial difficulties in continuing to pay salary to those persons engaged as Health Inspectors Grade II as there has not been allocation of funds for the same. In that backdrop, the decision has been taken as reflected from the proceedings in R.No.24974/MP1/S1/2020 dated 03.01.2023 from the Director of Public Health and Preventive Medicine, Chennai, to divert and utilize the services of the 85 temporarily engaged Health Inspectors Grade II as mentioned in the list enclosed to that order, in the Health and Wellness Centres on contract basis under the National Health Mission Scheme. https://www.mhc.tn.gov.in/judis 48/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023
15. In view of the aforesaid reasons, which deserve acceptance, it is not possible to accede to the claim of the Petitioners to either continue to engage them in the same places as Health Inspector Grade II on the consolidated pay of Rs. 20,000/- per month or to pay the said amount instead of Rs. 14,000/- if their services are diverted to be utilized at various places in the Health and Wellness Centres under the National Health Mission Scheme. In must be pointed out here that the proposal to divert and utilize the services of the persons temporarily engaged as Health Inspector Grade II in the Health and Wellness Centres under the National Health Mission Scheme is evidently a humanitarian gesture without any legal obligation to do so and if the concerned persons do not want to accept the said arrangement, they would have to only leave from service and cannot expect pay protection or further continuance in employment.
16. In the additional common affidavit dated 16.03.2023 filed by the Director of Public Health and Preventive Medicine, it has been stated that the Respondents are inclined to engage the services of the Petitioners on contractual basis in the Health and Wellness Centres established under the Universal Health Coverage Scheme with a consolidated pay of Rs. 14,000/- per month and such temporary appointments would be made only through District Health Societies https://www.mhc.tn.gov.in/judis 49/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 in the respective Districts as per the directions in the order dated 21.01.2021 in W.P. (MD) No. 19565 of 2020 passed by the Division Bench of this Court. The details of re-engagement of 86 persons with effect from 01.04.2023 furnished by the Respondent is extracted below:-
Name of the Sl. Name of the Posted to Health Posted to Health and HUD No. outsourced HI GR 2 and Wellness Wellness Centre Centre in name of HUD Attur 1 D. Vinothkumar Salem Kannankurichi Coimbatore 2 D.Jaganmani Coimbatore ETR Valparai 3 S.Mani Coimbatore Poluvampatti 4 R.Selvakumar Coimbatore Varadhayarkaripalayam 5 D.Pragatheeswaran Coimbatore Muthugoundanur 6 R.Arusamy Coimbatore Thennamanallur Cuddalore 7 A.Tamilvanan Cuddalore Sivakkam 8 T.Raman Chengalpet Perumbakkam 9 K.Sureshkumar Chengalpet Cuddalore 10 R.Manikandan Chengalpet Kodur 11 D.Senthilkumar Chengalpet Chengattur 12 P.Venkateswaran Chengalpet Nelvaipalayam 13 Sivakandan Chengalpet Mamandur 14 S.Nirmalkumar Chengalpet Muduchur 15 V.Ramamoorthy Chengalpet Ayapakkam 16 D.Kolanginathan Chengalpet Manamai 17 T.Saranraj Chengalpet Sogandi Dharmapuri 18 E.P.Vinoth Dharmapuri Dharmapuri Kallakurichi 19 M.Venkateswaran Paramakudi Chinnaervadi 20 R.Kumar Paramakudi Kavakulam 21 M.Bakiyaraj Paramakudi S.Naripaiyur https://www.mhc.tn.gov.in/judis 50/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Name of the Sl. Name of the Posted to Health Posted to Health and HUD No. outsourced HI GR 2 and Wellness Wellness Centre Centre in name of HUD 22 S.Anandh Paramakudi S.Mookkaiyur 23 S.Chidambaram Paramakudi Siraikulam 24 R.Thamaraikannan Paramakudi Vallakulam 25 A.Kathiravan Paramakudi T.M.Kottai 26 G.Venkateswaran Paramakudi Keelamunthal 27 S.Jeyachandran Paramakudi Seranthai Madurai 28 P.Thangeswaran Madurai Chokkalingapuram 29 M.Prakasha Roopan Dindigul Kanavaipatti Myladuthurai 30 A.Rajadurai Myladuthurai Thandavakulam 31 K.Ganesh Thanjavur Chinnaavudaiyarkoil 32 G.Subash Thanjavur Keelakurichi Namakkal 33 M.Sathishkumar Namakkal Nariyangadu 34 D.Suresh Namakkal O. Sowdhapuram Palani 35 A.Senthivel Kumar Erode Kuruchi Paramakudi 36 S.Balasubramaniyan Paramakudi Pammanenthal Ramnad 37 B.Manimaran Ramnad Gandhinagar Tenkasi 38 T.Jeyasree Thiruneveli Koovachipatti Vishnukumar Thanjavur 39 T.Rajamanikam Thanjavur Pallathur 40 V.Mugundhanraj Thanjavur Poovanam Theni 41 P.Vadivel Dindigul Alagampatti 42 R.Rajkumar Dindigul Kuttupati 43 R.Karthick Thiruppur Salavanayakkanpatti 44 M.Tiruppathi Thanjavur Udayanadu 45 M.Karthikeyan Thanjavur Sethubabachathiram Thirupathur 46 C.Suresh Ranipet O.Cherry Thiruppur 47 B.Eswaran Thiruppur Karunaipalayam Thiruvallur 48 D.Veerajan Chengalpet Muttukadu https://www.mhc.tn.gov.in/judis 51/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Name of the Sl. Name of the Posted to Health Posted to Health and HUD No. outsourced HI GR 2 and Wellness Wellness Centre Centre in name of HUD 49 P.Mohan Poonamallee Kolappancheri 50 P.E.Saravanan Poonamallee Anaikattucheri Trichy 51 G.Karthikeyan Trichy Malayadipatti 52 R.Viji Trichy Kavalkaranpatti Villupuram 53 V.Vignesh Ramnad Annanagar 54 R.Venugopal Ramnad Soosaiyapparpattinam 55 D.Karikalacholan Ramnad Thoppukadu 56 V.Rajasekar Ramnad Naraiyuranni 57 N.Sugumaran Ramnad Valantharavi 58 D.Pradaban Ramnad Alagankulam 59 M.Kathiravan Ramnad Athankarai 60 J.Prathap Ramnad Panaikulam West 61 A.Ramu Ramnad Pudhuvalasai 62 P.Murugan Ramnad Pattinamkathan 63 J.Udaiyakumar Ramnad Rettaiyurani 64 R.Suresh Ramnad Vellarivodai 65 M.Lakshmipathi Ramnad Iyyanthoppu 66 R.Rajaguru Ramnad Irumeni 67 V.Vignesh Ramnad Perunkulam 68 R.Marimuthu Ramnad Thuthivalasai 69 M.Kulandaivel Ramnad Sundaramudayan 70 G.Ravi Ramnad Ayankudi 71 M.Muthuraman Ramnad Melapanaiyur 72 M.Kumar Ramnad Radhanur 73 R.Manjini Ramnad Sethidal 74 N.Muthu Ramnad A.R.Mangalam 75 G.Kumaresan Ramnad Senkudi 76 R.Krishnaraj Ramnad Kothaiyarkottai https://www.mhc.tn.gov.in/judis 52/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Name of the Sl. Name of the Posted to Health Posted to Health and HUD No. outsourced HI GR 2 and Wellness Wellness Centre Centre in name of HUD 77 C.Selvadurai Ramnad Paranur 78 R.Prakash Ramnad Uppoor 79 P.Udayanithi Ramnad Kazhugurani 80 S.Murali Ramnad Ammankovil 81 S.Vinoth Ramnad Soorankottai 82 V.Veeramanikandan Ramnad Thangayanagar 83 S.Gopinathan Ramnad Pudhukovil 84 K.Balaji Ramnad Kanjeerankudi 85 M.Baskaran Ramnad Panayadienthal Erode 86 Tamilarasan Coimbatore Kottur III In such circumstances, the interim order of status quo relating to the employment of the Petitioners passed by this Court shall stand vacated with effect from 31.03.2023, and it is made clear that if the said 86 persons fail to report for duty at the respective Health and Wellness Centres allotted to them from 01.04.2023, they shall not be entitled to avail the aforesaid benefit that has been extended by the Respondents to them.
16. It is needless to add here that the Petitioners, if they are otherwise eligible, are not precluded from participating in the recruitment to the post of Health Inspector Grade II, as and when notification for filling up the vacancies https://www.mhc.tn.gov.in/judis 53/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 is made, and they may also seek relaxation in age from the concerned authority for the period during which they have actually worked under contractual employment during the Covid pandemic , if permissible under the Rules, but no view is expressed by this Court on their entitlement to the same in that regard.
The result of the foregoing discussion is that all the Writ Petitions are dismissed with aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.
17.03.2023 skr/Maya Index: Yes/No Neutral Citation: Yes/No Note: Issue order copy by 31.03.2023.
To
1. The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai – 600 009.
2. The Principal Secretary to Government of Tamil Nadu, Municipal Administration & Water Supply Department, Fort St. George, Chennai – 600 009.
3. The Director, Directorate of Public Health and Preventive Medicine, https://www.mhc.tn.gov.in/judis 54/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 No. 359, Anna Salai, DMS Complex, Teynampet, Chennai – 600 006.
4. The Commissioner, Municipal Administration & Water Supply Department, Chepauk, Chennai – 600 005.
5. The Executive Secretary / Deputy Director, District Welfare Association, Health and Family Welfare Department, No. 359, Anna Salai, DMS Complex, Teynampet, Chennai – 600 006.
6. The Committee Director, State Welfare Association, Health and Family Welfare Department, No. 359, Anna Salai, 5th Floor, DMS Annex Building, Teynampet, Chennai – 600 006.
7. The Chairman, Medical Recruitment Board, 7th Floor, DMS Compound, 359 Anna Salai, Chennai – 600 006.
8. The Principal, Pondicherry University Community College, (A Constituent College of Pondicherry) Lawspet, Puducherry – 605 008.
https://www.mhc.tn.gov.in/judis 55/56 W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 P.D. AUDIKESAVALU, J.
skr/Maya W.P. Nos. 25671, 25675 and 26518 of 2021 and W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023 Dated: 17.03.2023 https://www.mhc.tn.gov.in/judis 56/56