Selvaraj vs Dr.Beela Rajesh on 28 March, 2024

[Cites 5, Cited by 0]

Madras High Court

Selvaraj vs Dr.Beela Rajesh on 28 March, 2024

Since the issue involved in the Sub Applications in Contempt Petition, 7/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Contempt Petitions as well as the writ petitions is one and the same or interconnected with each other, these writ petitions were tagged along with the said Sub Application for the combined hearing, accordingly, with the consent of the learned counsels appearing for both sides, these cases are heard together and are disposed of by this common order.

2. Infact the litigation pertain to the subject started with effect from 1997, where the Government had come forward to issue a Government Order in G.O.Ms.No.320 to redesignate the Leprosy Inspector appointed and working into Health Inspector. In this regard, writ petition was filed, thereafter the matter has gone to the Division Bench in the Writ Appeal and ultimately had gone to the Supreme Court in Special Leave Petition, where in the Civil Appeal in C.A.No.4483 of 2013, the Supreme Court has passed a detailed order on 07.05.2013 giving a complete quietus to the issue with regard to the fixation of interse seniority among three categories of Health Inspector Gr.I in the Department and ultimately their other service benefits to be conferred.

8/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

3. Before going into the insight of the core issue, as a factual background, we must trace the following facts.

4. Initially appointments had been made in the initial stage at various designations called Vaccinator, Cholera worker, Basic Health worker etc. Those people had been integrated and redesignated as Multi Purpose Health Assistants on 04.11.1988. Thereafter they had been given further promotion to the post of Health Inspector Gr.I.

5. In another channel, there had been number of Leprosy Inspectors appointed sometime between 1970 and 1990, those people also had been redesignated as Health Inspector Gr.I. Thereafter in another source, there had been appointment of Lab Assistants between 1970 and 1980, they had been given promotion to the post of Health Inspector Gr.I and during 1989 and 1990, after the adhoc rules had been framed, a post called Multi Purpose Health Assistants were filled up under the adhoc rules from where 9/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 promotion had been given to the post of Health Inspector Gr.I. That is how from four sources, these people had reached the destination of Health Inspector Gr.I.

6. Even though promotions had been given or re-designation had been given for the first category and second category as stated supra to the post of Health Inspector Gr.I, insofar as the promotional avenue further for those people from the Health Inspector Gr.I to Block Health Supervisor is concerned, there had been a restriction made by the Government by issuance of Government Order in G.O.Ms.No.382, Health and Family Welfare Department, dated 12.10.2007, where certain conditions have been imposed, one such condition was that, the redesignated Health Inspector Gr.I from Leprosy Inspectors cannot claim promotion to the post of Block Health Supervisor and further promotion to the post of Technical Personal Assistant till the last person in the existing list of Health Inspector Gr.I gets promotion as Block Health Supervisor and Technical Personal Assistant. However the existing promotion channel as Non-Medical Supervisor and Health Educator 10/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 shall be allowed to them till their turn for promotion to the post of Block Health Supervisor, Technical Personal Assistant comes as per their seniority.

7. Thereafter the Government based on the direction given in W.P.No.2249 of 2007 issued further Government Order in G.O.Ms.No.73, Health and Family Welfare Department, dated 28.02.2008 providing that Health Inspectors Gr.I having the certificate for sanitary course or long term Multi Purpose course training certificate issued by the Director of Public Health and Preventive Medicine would be considered for promotion as Block Health Supervisors.

8. Aggrieved over the same, the Government Orders in G.O.Ms.No.382 and G.O.Ms.No.73 were challenged before this Court.

9. Ultimately a Division Bench of this Court by order, dated 23.07.2010 has passed the following order :

"25.In any event, the Division Bench of this Court has categorically held in more than one occasion that the relaxation given at the time of initial 11/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 recruitment could be continued for the promotions also, the promotion could not be denied on the ground that the person did not possess the requisite qualification that was necessary for the purpose of initial recruitment. Hence, we are inclined to interfere with the order of the learned single Judge as well as G.O.(Ms)No.73, Health and Family Welfare (N1) Department, dated 28.02.2008 and accordingly, the same stand set aside. It is made clear that the Health Inspectors Grade I who are not in possession of the Sanitary Inspector Course Certificate or Multi Purpose Health Workers Training Course certificate, are eligible for promotion to the post of Block Health Supervisor from the date on which their juniors were promoted with all benefits.

xxx The Leprosy Inspectors on integration into Multi Purpose Health Workers as on 01.08.1997 should be treated as Health Inspectors Grade I and they should be given promotion as Block Health Supervisor and Technical Personal Assistant from the date of which their juniors were promoted, with 12/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 all consequential benefits. However, it is made clear that on re-designating the Leprosy Inspectors as Health Inspectors Grade IA / Grade I as on 01.08.1997, they could be placed at the bottom of the seniority of the serving Health Inspectors Grade I as on 01.08.1997."

10. As against the said order passed by this Court, Special Leave Petitions were filed, which had been converted into Civil Appeal Nos.4482- 4485 of 2013. The said Civil Appeals were disposed by the Hon'ble Supreme Court, by order, dated 07.05.2013, where direction had been given to prepare the combined seniority list, where the already promoted or existing Health Inspector Gr.I from the first source would be placed, immediately thereafter the 1B category, i.e., Leprosy Inspector redesignated into Health Inspector Gr.I shall be placed.

11. Thereafter only the other sources namely Lab Assistant promoted into Health Inspector Gr.I and Multi Purpose Health Assistants promoted to Health Inspector Gr.I shall be placed. Accordingly, the interse seniority shall be fixed by preparing the combined seniority list and based on the seniority further promotion avenues to be explored.

13/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

12. Pursuant to this Judgment of the Hon'ble Supreme Court, dated 07.05.2013, since the order passed by the Division Bench has not been immediately implemented by the State, Contempt Petitions were filed.

13. The Contempt Petition in Cont.P.No.1428 of 2013 was filed. The said Contempt Petition was closed by order, dated 03.12.2013 because of the undertaking given by the Government to comply with the order. Thereafter also since the orders have not been complied with, again contempt petition in Cont.P.No.998 of 2014 was filed, that was also closed by order, dated 14.03.2016.

14. Despite these contempt petitions having been filed even though undertaking was given before this Court before closing of those contempt petitions to comply with the orders passed by this Court, since no compliance had been made, once again the applicants filed this Sub Application No.13 of 2020 to reopen or revive the contempt petition. That is 14/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 how this Sub.A.No.13 of 2020 has come up.

15. The Sub Application in Sub.A.No.211 of 2022 has been filed seeking to grant leave to the petitioner therein to file the Sub Application to revive the Contempt Petition in Cont.P.No.1542 of 2015, dated 14.03.2016 so as to punish the second and third respondents for having committed contempt of this Court order in W.P.No.2998 of 2008, dated 23.09.2011.

16. The Contempt Petition in Cont.P.No.1380 of 2016 has been filed seeking an order to punish the respondents for willful disobeying the order made by this Court in W.P.No.8339 of 2008, dated 23.07.2010.

17. Likewise, Cont.P.No.2383 of 2022 has been filed seeking an order to punish the respondents for having committed contempt of court of the orders and directions dated 23.07.2010 made in W.P.No.12654 of 2008 batch as confirmed in C.A.Nos.4483 - 4485 of 2013 on 07.05.2013. 15/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

18. The said Sub Applications along with the contempt petitions came up for hearing before us on 07.07.2023, where after hearing the parties we have passed the following order :

"Heard at length the learned Government Pleader appearing for the respondents as well as the learned counsel appearing for the petitioners.

2. This litigation was started with effect from 1997, when the Government has first come forward to issue G.O.Ms.No.320 to redesignate the Leprosy Inspector into Health Inspector since then the litigation started. Writ petition was filed, Writ appeal was filed and thereafter, SLP was filed.

3. During the pendency of the civil appeal before the Hon'ble Supreme Court, the feeder category people seems to have been given promotion in the year 1998, 2005 and 2006 and some of them has got second promotion as Block Health Supervisor with effect from 07.11.2008 onwards.

4. Ultimately, the Hon'ble Supreme Court held in their judgment dated 07.05.2013 that some portion of G.O.Ms.No.382 dated 12.10.2007 has to be struck down and as a result of which, the merger of 16/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Leprosy Inspector as well as the Health Inspector in one category under G.O.Ms.No.320 has to be accepted. Therefore, accordingly a combined seniority list has to be necessarily prepared based on which, the promotion to the next higher category has to be given.

5. Pursuant to the Hon'ble Supreme Court order, in fact the respondent Department has undertaken the exercise by preparing the combined seniority list consisting of erstwhile Leprosy Inspector who are redesignated as Health Inspector Grade IB as well as the Health Inspector Grade - I as well as recently promoted from the feeder category post to the Health Inspector Grade – I, integrately as one single unit. Accordingly, combined seniority list has been prepared.

6. Now the question is, as per the combined seniority list whether the promotion to the next post i.e., Block Health Supervisor has to be given or the already given promotion to some of the people overlooking the erstwhile Health Inspector Grade – IB that was a redesignated post of the erstwhile Leprosy Inspector can be denied 17/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 permanently is the question.

7. Once the Hon'ble Supreme Court directed to merge the categories into one category and accordingly, the combined seniority list has been prepared by the respondent Department, based on which, the next promotion shall be given.

8. In this context, it is to be noted that the junior person was given promotion on 07.11.2008, then onwards there has been number of promotions to so many juniors than the petitioners or the members of the petitioner's Association, who are the erstwhile Leprosy Inspectors were given promotion.

9. Now by virtue of the combined seniority list, 384 odd post of Block Health Supervisor are to be taken into account for the purpose of giving promotion seniority wise in the combined seniority list, wherein who have already been retired from service, in either of the category, the promotion can be given notionally and thereafter, still the posts are available in the 384 sanctioned vacancies of Block Health Supervisor, subsequent functional promotion shall also be given, for which the 18/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 combined seniority list shall be operated.

10. In order to do this exercise and to file a draft proposal for giving such promotion both notionally as well as the functional promotion, the respondent Department seeks some time.

11. Since it is a long pending issue, where the litigation has been pending for more than two decades, in order to give a quietus to the issue, we feel that, to assist the Court with the learned Government Counsel, the Director of Public Health and Preventive Medicine Department shall appear before this Court with relevant records and the draft as indicated above during the next date of hearing.

Post the matter on 25.07.2023."

19. Pursuant to the said order, dated 07.07.2023, the respondents in the contempt petitions had filed typed set of documents, where the annexure to the proceedings, dated 25.10.2013 being the combined seniority list issued by the Director of Public Health and Preventive Medicine, Chennai-6 had been filed. In the said list which could be called as combined seniority 19/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 list made pursuant to the order of the Hon'ble Supreme Court, dated 07.05.2013, there were totally 7732 candidates, out of whom from Sl.No.1 to S.No.3923 are Gr.I Health Inspectors, from Sl.No.3924 to 5994 are Gr.I-B Health Inspectors and from 5995 to 7732 are Health Inspectors who had been subsequently promoted from feeder category. After having noted the said combined seniority list, where the three set of people who had reached the level of Health Inspector Gr.I by three different sources as stated supra since had been put under one combined seniority list as has been directed by the Hon'ble Supreme Court, by their order, dated 07.07.2013, based on such combined seniority list what shall be the steps to be taken to make the complete compliance of the orders of this Court had been directed by us by our order dated 25.07.2023 which reads thus :

"Pursuant to our order dated 07.07.2023, the respondents in these Contempt Petitions have filed typed set of documents, where the annexure to proceedings dated 25.10.2013 being the Combined Seniority List issued by the Directorate of Public Health and Preventive Medicine, Chennai-600 006 has been filed. In that list, which would be 20/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 hereinafter called as Combined Seniority List, of course made pursuant to the order of the Hon'ble Supreme Court dated 07.05.2013, totally there were 7732 candidates, out of which from Sl.Nos.1 to 3923 are Grade I-A Health Inspectors, from Sl.Nos.3924 to 5994 are Grade I-B Health Inspectors and from Sl.Nos.5995 to 7732 are Health Inspectors who had been subsequently promoted from feeder categories.

2. Consisting of these three categories of Health Inspectors, the Combined Seniority List since has been prepared as on 25.10.2013, that has to be acted upon.

3. In this context, it is to be noted that from Sl.Nos.1 to 3923 there has been no quarrel as all those candidates come under Grade I-A category and have already earned promotion or they might have retired from service before they earned promotion.

4. Insofar as Grade I-B category commencing from Sl.Nos.3924 to 5994 are concerned, totally 2071 candidates, out of which it is the claim of the respondent Government / Directorate that 1232 21/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 candidates have already been given promotion and the remaining 839 are yet to to be given promotion.

5. In the third category that commences from Sl.Nos.5995 to 7732, some of them have already been given promotion to the next higher post. Because of this promotion that was given to this third category, the litigation started at the earliest point of time, as they were juniors to the candidates in I-A and I-B categories and now after a long legal battle, pursuant to the order passed by the Hon'ble Supreme Court as stated supra, the Combined Seniority List has been prepared.

6. In that Combined Seniority List, whoever could not earn promotion in the I-B category, we feel that they are entitled to get such promotion; if they are already retired, notionally, otherwise if they are in service, functionally, as some of the juniors starting from Sl.Nos.5995 till 7732 have already been given promotion.

7. Moreover, in the third category ie., from Sl.Nos.5995 to 7732, even though some of them earned promotion, they might have retired; some 22/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 of them might be working even as of now.

8. Insofar as those who earned promotion in the third category and retired from service are concerned, though they are not entitled to earn such promotion, because they have already superannuated and retired from service, whatever the service benefits earned by them or paid to them, need not be disturbed. But at the same time, those who earned promotion in the third category, but still working, are to be reverted necessarily because they are not entitled to such promotion.

9. Based on these factual matrix, as per the Hon'ble Supreme Court order and the Combined Seniority List dated 25.10.2013 since has been accepted by both the categories, we are inclined to give the following directions for early compliance by the respondents.

1. The respondents shall take a list of I-B candidates starting from Sl.No.3924 till Sl.No.5994, who, so far have not earned any promotion either notional or functional basis, those candidates shall be given promotion, notionally for superannuated 23/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 candidates and functionally for serving candidates immediately.

2. The promotees, who earned such promotion in the third category commencing from Sl.No.5995 till Sl.No.7732, also such list shall be prepared by the respondents. Among them, those who earned promotion and superannuated, need not be disturbed, and the benefits already been paid to them shall not be recovered. But, at the same time, those who earned promotion in the third category, but still working, as they are not entitled to earn such promotion, they shall be reverted immediately.

3. After making such reversion from the third category as indicated above, what are all the functional posts which became vacant, wherein the non-promoted candidates in category I-B, who are still having service, can be promoted and for the said purpose, the situation vacated by the promotees at the third category can be utilized.

24/74

https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

4. Insofar as the promotions which are going to be given to the superannuated candidates in category I-B are concerned, such promotion shall be notional and they are not entitled for any backwages, but their service shall be counted from the date of promotion, including for pensionary benefits.

5. Those who have earned promotion in the third category and are to face the reversion, as directed above, also will not pay back whatever the emoluments they have received by virtue of promotion.

6. It is also made clear that, those in the second category ie., Grade I-B between Sl.Nos.3924 and 5994, who earned promotion to the next higher category, their promotion shall date back from 07.11.2008. From that date, though they are not entitled for any monetary benefits, their service shall be counted for all service and pensionary benefits.

10. The aforesaid directions shall be complied with and a detailed report to that effect shall be filed by 25/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 the 2nd respondent / Director of Public Health and Preventive Medicine, Chennai-600 006, after getting necessary concurrence with the 1st respondent / Secretary to the Government, and the same shall be filed during the next hearing date, for which the case is to be listed on 25.08.2023."

20. Thereafter when the case came up for hearing on 25.08.2023 on behalf of the State / Department it has been stated that, pursuant to our earlier order, dated 25.07.2023, in order to comply with such directions, the Department have prepared a detailed proceedings dated 05.08.2023 and forwarded the same to the Government for getting their concurrence. After getting approval from the Government in consultation with the Finance Department, final orders would be passed, therefore some time was sought for on behalf of the State.

21. Considering the said position as projected before us on 25.08.2023, we have passed the following order :

"Pursuant to our detailed order dated 25.07.2023, 26/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 where we have given certain directions to the respondent Department, the concerned Department viz., the Public Health and Preventive Medicine, in order to comply with such directions, have prepared a detailed proceedings dated 05.08.2023 and forwarded the same for the concurrence of the Secretary to the Government, Health and Family Welfare Department.

2. Relying upon the said communication of the Directorate dated 05.08.2023, Mr.K.Sajeev Kumar, learned Special Government Pleader appearing for the respondents would submit that, some more reasonable time is required at the Government level with the consultation of the Finance Department and to pass final orders approving such proposal sent by the Directorate as directed by this Court in the order dated 25.07.2023.

3. We have considered the said submission made by the learned Special Government Pleader and after perusing the proceedings of the Directorate of Public Health and Preventive Medicine dated 05.08.2023 in R.No.3273657/MP2/S1/2022 and the affidavit filed in support of such proceedings 27/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 by the respondents, we are inclined to give the following directions.

That the proposal sent by the Directorate of Public Health and Preventive Medicine dated 05.08.2023 in R.No.3273657/MP2/S1/2022 addressed to the Secretary to the Government, Health and Family Welfare Department shall be considered and final orders shall be passed approving such proposal sent by the Directorate, of course in consultation with the Finance Department as claimed by them. At any rate, such final orders shall be passed by the Secretary to the Government, Health and Family Welfare Department, Government of Tamil Nadu on or before 11.09.2023 and file a compliance report before this Court on 12.09.2023.

Post the matter on 12.09.2023."

22. Thereafter again the matters came up before this Bench on 12.09.2023, where it was submitted by the learned Senior counsel for the 28/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 State that, the first five directions given by our order, dated 25.07.2023 has been complied with. However, insofar as the sixth direction is concerned, concurrence have to be obtained from the Finance Department and such exercise since is going on, the learned Senior counsel and the learned Additional Advocate General appearing for the State wanted some time. Thereafter on 12.09.2023 we passed the following order :

"Mr.P.S.Raman, learned Senior Counsel appearing for the second respondent / Director of Public Health and Preventive Medicine and Mr.J.Ravindran, learned Additional Advocate General appearing for the first respondent / State would submit that, insofar as the six directions given in Para 9 of our earlier order dated 25.07.2023 is concerned, a recommendatory report has already been sent by the second respondent / Director of Public Health and Preventive Medicine on 05.08.2023 to the State Government to accept it and implement the same.

2. After having gone through the said proceedings issued by the second respondent dated 05.08.2023 signed on 07.08.2023 by the second respondent / 29/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Director of Public Health and Preventive Medicine, the Government felt that, insofar as the first five directions in Para 9 of the order dated 25.08.2023 are concerned, absolutely there could be no quarrel to implement the same.

3. However, insofar as the sixth direction of Para 9 of the order dated 25.08.2023 ie., with respect to candidates in Grade I-B in Sl.Nos.3924 and 5994 is concerned, it was ordered by this Court that their promotion shall date back from 07.11.2008. In this respect, even if the promotions are notionally given to them with a condition that the posts are to be created as supernumerary posts and the said posts would get lapsed on their superannuation, insofar as the backwages are concerned, they are not entitled as per the directions of this Court. However, with regard to the difference in pensionary benefits payable to these candidates are concerned, it is a commitment to be made by the Government financially, for which the concurrence of the Finance Department is required.

4. Therefore, on that aspect the concerned 30/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Department ie., the Health Department would have a consultation with the Finance Department and thereafter a solution would be arrived at. Hence, the learned Senior Counsel would seek two weeks time.

5. Learned Senior Counsel would also contend that, insofar as the implementation of the sixth direction in Para 9 of the said order referred to above is concerned, if such a notional promotion is given to those candidates in Grade I-B as stated supra, whether that will have any bearing on the promotional aspects and whether that will have any repercussion on the seniority list that has already been prepared, would also be examined and reported before this Court.

For the said purpose, the learned Senior Counsel and the learned Additional Advocate General seek two weeks time. Post on 26.09.2023 as first item."

23. Thereafter again the matter came up for hearing on 26.09.2023, where it was submitted by the learned Senior counsel appearing for the Department / State that there were 263 people who had been given further 31/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 promotion to the post of Block Health Supervisor on various dates in the year 2008, 2009 and 2010 who are juniors to the Source-A and Source-B category in the cadre of Health Inspectors. Therefore those people except those who already retired have to be necessarily reverted back, however since some of them already approached this Court and filed separate writ petitions where they were able to get order of stay of such reversion which have been passed against them, that could not be operated further. Therefore the exercise as directed by this Court in the six direction as stated supra on 25.07.2023 could not be completed.

24. Therefore in this regard, the learned Senior counsel wanted to bring the fact before this Court by filing an affidavit. Therefore the matter has been adjourned further and again came up for hearing on 27.11.2023. On that date after coming to know about the filing of the writ petitions by the individuals opposing the reversion order faced by them pursuant to the preparation of the combined seniority list as per the order of the Hon'ble Supreme Court dated 07.05.2013, we passed the following order on 32/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 27.11.2023 :

"By our detailed order dated 25.07.2023, we have given a set of directions in paragraph No.9. In fact, those directions were issued based on the Combined Seniority List dated 25.10.2013 which was prepared of course pursuant to the order passed by the Hon'ble Supreme Court on 07.05.2013.

2. As per the said directions, category-I candidates, i.e., I-A candidates were all given promotions. Insofar as category-II, i.e., I-B candidates are concerned, they are 2067 in numbers starting from Serial Nos.3924 to 5990 in the Combined Seniority List dated 25.10.2013.

3. Among these candidates of I-B category, some of them have already earned promotion, but remaining could not get promotion.

4. However, the third category candidates who are in the feeder category starting from Serial Nos.5995 to 7732, among them, it has been stated by the State that, 265 candidates have been given promotion.

5. This promotion given to third category 33/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 candidates are in violation of the Combined Seniority List dated 25.10.2013, therefore in our order dated 25.07.2023, we had directed that those who earned promotion from the third category shall be reverted back except protecting the interest of monetary benefits which they have earned already in the promoted post and those who have retired from service.

6. The aforesaid directions of ours could not be implemented, according to the respondents, because already 244 such persons belonging to the third category had already approached this Court by filing writ petitions in W.P.Nos.29323, 31293, 31298, 31305, 31309, 31312 and 31314 of 2022. It has further been informed by the State that, in those writ petitions, interim order of stay of reversion order passed by the State has been granted and by virtue of that those 244 persons even though were directed to be reverted, by the orders of this Court (Division Bench) dated 25.07.2023 it could not be implemented.

7. In view of the aforestated position, where the orders passed by this Court could not be 34/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 implemented because of the Stay already granted in the writ petitions by the Single Bench, we feel that, in order to give a quietus to the issue, by comprehensively hearing the parties who filed the writ petitions in view of the direction already been given by us in our order dated 25.07.2023 of course on the basis of the Combined Seniority List dated 25.10.2013, and on the basis of the Supreme Court order dated 07.05.2013, we feel that those writ petitions referred above are to be tagged along with this Sub.Appl.Nos.13 of 2020 and 211 of 2022 in Cont.P.Nos.1428 of 2013 and 1542 of 2015 for comprehensive hearing. Hence, the Registry is directed to take steps to tag all those writ petitions along with these applications, of course, after getting necessary orders from the Hon'ble Chief Justice."

25. Pursuant to our order, dated 27.11.2023 as per the orders of the Hon'ble Chief Justice, those writ petitions had been tagged along with the Sub Application in Sub.A.No.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016 and 2383 of 2022 as stated supra and accordingly, along with these 35/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Sub Applications, these seven writ petitions also have been tagged and posted before us for combined hearing.

26. Writ Petitions :

These writ petitions have been filed by the individuals who had earned the promotion to the post of Block Health Supervisor. It is pertinent to be noted that, their initial appointment was as Multi Purpose Health Assistants during the year 1989-90 and subsequently they had been promoted to the post of Health Inspector Gr.I. Before the direction was given by the Hon'ble Supreme Court, by order, dated 07.05.2023 as there was no such combined seniority list was prepared, some of them in this category had earned further promotion to the post of Block Health Supervisor in the year 2009. Those promotion to the post of Block Health Supervisors since had been found to be wrong because of the combined seniority list, whether these people have been placed next to the I-A and I-B category as the I-A category had been redesignated in 1988 and promoted as Health Inspector Gr.I and the I-B category had been redesignated as Health 36/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Inspector Gr.I in 1997. These people who are the petitioners herein belong to the last category who had been given promotions only in the year 2005 or 2006, therefore they were naturally be placed below the I-A and I-B category ofcourse as per the directions of the Hon'ble Supreme Court as stated supra.

27. Accordingly, when the combined seniority list was prepared and released, it was found that, the first category of Health Inspector Gr.I are in Sl.Nos.1 to 3923, i.e., Gr.I-A Health Inspectors, the next category would be from Sl.Nos.3924 to 5994, i.e., Gr.I-B Health Inspectors and third category starts from 5995 and ends in 7732 who are the Health Inspectors who had been subsequently promoted to the post of Health Inspectors from feeder category like Lab Assistants or Multi Purpose Health Assistants.

28. Especially insofar as the petitioners are concerned, they are from that Multi Purpose Health Assistant category and got promotion either in the year 2005 or in the year 2006 well after the promotion or re-designation 37/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 given to the first two categories, i.e., I-A and I-B categories.

29. When that being so, it quite become natural to get the reversion from the post of Block Health Supervisor for want of vacancy. Therefore when such a reversion had been given, that is being under challenge in these writ petitions, therefore such a challenge now has been made by these petitioners in this batch of writ petitions, whether is to be sustained or not is the question to be decided.

30. In this context, it is to be noted that, prior to 16.08.1989, the appointment initially had been made for various purposes like vaccination, anti cholera movement and basic health worker and those people had been redesignated as Multi Purpose Health Assistants on 04.11.1988. The reason being that, the Government had come forward to issue a Government Order in G.O.Ms.No.1507, Health, Indian Medicine, Homoeopathy and Family Welfare Department, dated 16.08.1989, whereby an adhoc rules had been framed. Though this rule had been issued under the G.O, dated 16.08.1989, 38/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 the Government fixed the date of enforcement of the rule retrospectively by stating that, the rules hereby made shall be deemed to have come into force on 04.11.1988. Therefore, 04.11.1988 shall be the cut off date or crucial date for the purpose of implementing the adhoc rules creating the post called Multi Purpose Health Assistants.

31. The first category or first source of persons already been working under various capacities like vaccinator, cholera worker, basic health worker etc., had been redesignated as Multi purpose Health Assistants as per G.O.Ms.No.1507 under the scheme with effect from 04.11.1988. Thereafter those people had earned the promotion further to the post of Health Inspector Gr.I.

32. It is in this context to be noted that, the Multi Purpose Health worker under the scheme of G.O.Ms.No.1507 can be promoted as Multi Purpose Health Supervisor after having experience of period of not less than five years in the category of Multi Purpose Health Assistants under the Multi 39/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Purpose Health worker scheme. The said designations of Multi Purpose Health Assistant and Multi Purpose Health Supervisor had been redesignated as Health Inspector Gr.II and Health Inspector Gr.I respectively.

33. Like that, second source namely the Leprosy Inspectors who had been appointed between 1970 and 1990 had been directly redesignated as Health Inspector Gr.I with effect from 01.08.1997. The Lab Assistants appointed between 1970 and 1980 had earned promotion in August 1998. Whereas this Multi Purpose Health Assistants who have entered into service as such, i.e., Multi Purpose Health Assistant only in 1989 or 1990, that is well after the cut off date as per G.O.Ms.No.1507, namely 04.11.1988.

34. At the time of entry into Multi Purpose Health Assistants by virtue of the adhoc rules, the qualification that was fixed was he must have passed in SSLC and a certificate granted by the Director of Public Health and Preventive Medicine or by any other recognised institute approved by the 40/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Government of Tamil Nadu for having undergone the long term Multi Purpose Health workers training course or a certificate for having undergone the sanitary inspector course granted by the Director of Public Health and Preventive Medicine or by any other recognised institute approved by the Government of Tamil Nadu and a certificate for having undergone the short term training course in Multi Purpose Health Worker Scheme must be possessed.

35. Therefore these Multi Purpose Health Assistants like the petitioners had been appointed initially with a qualification of the said certificates which was essential qualification as per the adhoc rules. But the other sources people who had been initially appointed as vaccinator or cholera worker, some of them might have earned the certificate, some of them not. However after sometime all of them or most of them had earned the certificates. These kind of certificates are the essential qualification even for the post of Health Inspector Gr.I. 41/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

36. In this context, it is to be noted that, one Dhanasekar and Ramalingam had filed Original Applications in O.A.No.3763 of 1991 and O.A.No.7632 of 1997 respectively. Their plea before the Tribunal was that, since they entered into service with the qualification of such certificate, regularisation in the initial post for those two should have been regularised and that plea was accepted by the Tribunal and those orders have become final. Therefore the Government issued orders regularising their services with effect from the date they entered into service as they had their necessary qualification to hold such post.

37. Subsequently a number of persons who had been working as Health Inspector Gr.I in Government Primary Health Centres in different districts in the State of Tamil Nadu as they have initially appointed in different post such as Vaccinator, Field Assistant, Cholera worker etc., that is first source people, who were promoted as Health Supervisor, later redesignated as Health Inspector Gr.I. However when their juniors were promoted those people made representations to promote them with effect from the date on which they were eligible to hold the post of Health 42/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Inspector, that is after obtaining qualification and based on seniority.

38. This lis by way of batch of writ petitions was filed by one Janarthanam and several others in W.P.No.29794 of 2005 etc., batch

39. This issue was considered by a Division bench of this Court and orders were passed on 13.07.2007, where their plea were accepted and the following orders are passed :

"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 43/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 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 05.3.1996, 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 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 05.3.1996 and the order of Tribunal dated 10.8.2001 and also the consequential G.O. (D) No.359 Health and Family Welfare (N2) Department dated 26.4.2004, within a period of 12 44/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 weeks from the date of receipt of a copy of this order.

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.

12. The writ petitions are ordered with the above directions. No costs."

40. This order, dated 13.07.2007 of a Division Bench of this court had been appealed to the Hon'ble Supreme Court in Civil Appeal No.6660 of 2011 etc., batch. The Hon’ble Supreme Court having recording the factual matrix has passed the following orders :

"10. We have heard learned counsels for the parties to the lis and have carefully perused the records of the case. We find no infirmity in the order(s) passed by the High Court.

11. Therefore, in our considered opinion, we do not see any good ground to interfere with the 45/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 judgment and order passed by the High Court. Accordingly, the civil appeals are dismissed. Ordered accordingly."

41. Therefore, Janarthanam and others who had been promoted and was working as Health Inspector Gr.I coming from the Source-1 were to be given retrospective promotion from the date they acquired the qualification to hold the post of Health Inspector Gr.I.

42. For whatever reason the State / Department though filed a review application against the order passed by the Hon’ble Supreme Court, in the said order, dated 25.02.2015 made in Civil Appeal No.6660 of 2011, the said review also was dismissed, thereby the order, dated 25.02.2015 made in Civil Appeal has become final.

43. Therefore there had been two orders passed by the Hon’ble Supreme Court, one is the order, dated 07.05.2013 in Civil Appeal.No.4483 of 2013, another is in Civil Appeal.No.6660 of 2011 etc., batch, dated 46/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 25.02.2015.

44. In this context, it is to be noted that, as per the order, dated 07.05.2013 in C.A.No.4483 of 2013, direction was given to the State to prepare the combined seniority list, where the first source persons to be placed in the top, then the second source person, i.e., Leprosy Inspector redesignated as Health Inspector Gr.I shall be placed and thereafter only under the third category, the feeder category people like the Lab Assistant, Multi Purpose Health Assistants who acquired promotion to the post of Health Inspector Gr.I shall be placed.

45. Pursuant to the said order only the combined seniority list as we have stated consisting of more than 7000 people have been prepared.

46. If the said combined seniority list is operated for the purpose of promotion to the next category, i.e., Block Health Supervisor, insofar as the candidates who are in Sl.No.1 to 3923 come under I-A category, i.e., first 47/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 source persons have already earned promotion or without earning promotion they retired from service.

47. Insofar as the I-B category commencing from Sl.No.3924 to 5994 are concerned, they are from Leprosy Inspectors category, there were totally 2071 candidates, out of whom 1232 candidates have already been given promotion and the remaining 839 are yet to be given promotion. Even though under I-B category, 839 persons still are not getting the promotion, promotion had already been given in the third category, i.e., from Sl.No.5995 to 7732.

48. Only in that context, as per the orders of the Hon’ble Supreme Court since combined seniority list had already been prepared, based on the interse seniority, promotions were directed to be given.

49. Accordingly when they operated the promotion based on the interse seniority of the combined seniority list, the remaining candidates 48/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 who are still yet to get promotions in the I-B category are to be given promotion as they are seniors in the interse seniority in the combined seniority list. When such a promotions are operated, for want of vacancy some of them who earned promotion to the post of Block Health Supervisors from third category are to be necessarily reverted.

50. When such reversion orders have been passed by the Department / State on various dates in September and October 2022, those reversion orders have been put under challenge in this batch of writ petitions.

51. The main contention of the learned counsel appearing for the writ petitioners is that, these writ petitioners are similarly placed as that of the writ petitioners in W.P.No.29794 of 2005 etc., batch. Therefore the order dated 13.07.2007 passed by the Division bench confirmed by the Hon’ble Supreme Court in C.A.No.6660 of 2011, dated 25.02.2015 mutatis mutandis shall be made applicable to these petitioners also.

52. Only in that premises they made submissions and also filed written arguments. Those arguments were heard and considered by us. 49/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

53. In fact, similarly placed persons like the petitioners had already made an attempt before this Court and filed writ petitions in W.P.No.37294 of 2015 etc., batch, where the learned single Judge of this Court passed a common order on 05.06.2017, where this issue had been considered and ultimately the learned Judge has passed the following order :

"17. At the risk of repetition, when the order passed by the Hon'ble Division Bench was taken to the Supreme Court in Civil Appeal No.4483 of 2013 etc., the Honble Supreme Court, after hearing the parties, had rejected the appeals on 7.5.2013 and confirmed the order of the Division Bench. Therefore when paragraph 6(iv) and (v) of G.O.Ms.No.382 placing Health Inspectors Grade IB who were redesignated as Health Inspectors Grade I en bloc below the last person of the Health Inspector Grade I was found to be not correct, in denying promotion to the redesignated Health Inspectors Grade I to the post of Block Health Supervisor and Technical Personal Assistant till the last person in the existed list of Health Inspectors 50/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Grade I got his promotion as Block Health Supervisor and Technical Personal Assistant, these orders were not brought to the notice of the Apex Court when Civil Appeal No.6666 of 2011 batch arising out of order dated 13.7.2007 passed in W.P.No.29794 of 2005 batch was considered. A careful perusal of the order passed by the Apex Court in Civil Appeal No.6666 of 2011 dated 25.2.2015 does not speak about the earlier judgment of the Apex Court in Sivagurus case dated 7.5.2013. In any event, since the order passed by the Honble Division Bench on 13.7.2007 in W.P.No.29794 of 2005 etc., directed the respondent therein to consider the case of the petitioners with regard to regularization of their service with retrospective effect, which order has been confirmed by the Apex Court in Civil Appeal No.6666 of 2011 dated 25.2.2015, the Government, while considering the prayer, concluded that the case of Mr.A.Ramalingam has no application to the case of the petitioners and the reason shows that the retrospective regularization awarded to Mr.A.Ramalingam, Health Inspector in 51/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 G.O.Ms.No.359 dated 26.4.2004, is an erroneous one without having any merit as per law. However the order of the Tribunal passed in O.A.No.7622 of 1997 was implemented for the simple reason that the appeal was dismissed by the High Court on the ground of delay and subsequently by the Apex Court.

18. Secondly, it could be seen that the request to regularize their service in the post of Health Inspector with effect from the date of acquiring the Sanitary Inspectors course cannot be considered, because the promotion is being effected in the post on the availability of vacancy and based upon the eligibility and seniority in the feeder category post and none of the candidates had however worked as Health Inspector at the relevant point of time due to non availability of vacancies. On this basis, the request of the petitioners to promote them in the post of Health Inspector retrospectively with effect from the date of passing the Sanitary Inspectors course was turned down and this was also communicated to them.

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19. A perusal of the judgment of the Apex Court in Sivagurus case and others holding that the seniority of Health Inspectors Grade I as on 1.8.97 should be protected, as it attained its finality on 7.5.2013 cannot be disturbed once again, inasmuch as the challenge made to the seniority given to the erstwhile Leprosy Inspectors who had been absorbed in the cadre of Health Inspector Grade I was already considered by the Supreme Court in the said Sivaguru's case. Therefore, once again the petitioners cannot set up a claim that they should be given seniority over the erstwhile Leprosy Inspectors who had been absorbed as Health Inspector Grade I. As the seniority issue has already been decided by the Honble Apex Court in a detailed order, this Court can neither revise it nor clarify it.

20. For all the aforementioned reasons, the writ petitions fail and they are dismissed. Consequently, M.P.Nos.1, 2, 3, 4 of 2015, W.M.P.Nos.1602, 21273, 28207, 28208, 28209, 28210, 27963 & 27964 of 2016 are also dismissed. No costs."

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54. As against the said order passed by the learned Judge, dated 05.06.2017, the petitioners therein filed Intra Court Appeal in W.A.Nos.748 and 749 of 2017. Those writ appeals came to be disposed by a Division Bench of this Court by order, dated 30.08.2019. In the said Judgment, what has been projected here, that issue has been exactly discussed.

55. In the very opening paragraph of the Judgment, dated 30.08.2019, the Division Bench has made it very clear that, the appellants therein not withstanding the binding Judgment of the Hon'ble Supreme Court dated 07.05.2013 in C.A.No.4483 of 2013 etc., batch covering the field and the fact that their appointments were subsequent to the effective date indicated in the Government Order in G.O.Ms.No.1507, Health and Family Welfare Department, dated 16.08.1989 by which the adhoc rules were framed for the post of Multi Purpose Health Assistants, these writ petitions since had been filed.

56. The summary of the case and the submissions made by those 54/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 appellants in the said batch of cases were recorded by the Division Bench. Since the issue raised herein by the present writ petitioners who were appointed as Multi Purpose Health Assistants had already been raised by their colleagues who were also appointed as Multi Purpose Health Assistants in the said batch of cases which was considered and decided by the said Division Bench Judgment, dated 30.08.2019. The relevant portion of the order passed by the Division Bench are usefully extracted hereunder :

"18. The claim of the appellants both before the Government and the writ court was on the basis of the promotion given to M/s.D.Dhanasekaran and A.Ramalingam.

19. The claim has no factual or legal basis for the following reasons:-

(i) The appointment of the appellants were subsequent to 4 November 1988, the date on which the Government Order in G.O.Ms.No.1507 Health, dated 16 August 1989 came into force. Though the appointment of some of the appellants were made before the issuance of the Government Order in G.O.Ms.No.1507, the fact remains that it was made only after the effective date viz., 4 November 1988. The appellants are therefore not eligible to claim the benefits of retrospective regularization.

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Thiru.Dhanasekaran had completed the Sanitary Inspector Course even in the year 1970. He was eligible for appointment to the post of Health Inspector with effect from 3 October 1970 under rule 10(a)(1) of the Tamil Nadu State and Subordinate Services Rules. Thiru.Dhanasekaran therefore filed original application before the State Administrative Tribunal. Since Thiru.Dhanasekaran was qualified for appointment to the post of Health Inspector and that there was a vacancy, the Government implemented the order passed by the Tribunal without challenging it before the High Court. The order was issued on 5 March 1996. The precedent in the case of Thiru.Dhanasekaran is not applicable to the appellants for the simple reason that their very appointment was after the effective date prescribed in the Government Order in G.O.Ms.No.1507 Health dated 16 August 1989. It is also a matter of record that the appellants were not in possession of the required qualification initially.

19 (iii) The peculiar case of Thiru.A.Ramalingam:-

The case of Thiru.A.Ramalingam was one of default. Thiru.Ramalingam filed original application in O.A.No.7622 of 1997 before the Tamil Nadu Administrative Tribunal for regularization of his services in the cadre of Health Inspector 56/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 with effect from 1 July 1970, the date on which, he was qualified to occupy the post. There was no vacant post to accommodate him as Health Inspector. The Tribunal called upon the Government Pleader to take instructions. The Government Pleader was not in a position to submit his response before the Tribunal. The Tribunal therefore without addressing the issue, straightaway passed the order directing regularization of his services, taking into account the order passed in the case of Thiru.D.Dhanasekaran. There was absolutely no discussion with respect to the merits of the matter. The order was challenged belatedly before the Division Bench. The appeal was dismissed only on the ground of delay and laches. The same was the case of the Special Leave Petition filed before the Hon'ble Supreme Court. The miscellaneous petition to condone the delay was dismissed by the Hon'ble Supreme Court. It was only thereafter, the Government issued an order in G.O.Ms.No.359, Health and Family Welfare Department dated 26 April 2004 regularizing the services of Thiru.A.Ramalingam in the cadre of Health Inspector. In fact, the Government sanctioned a supernumerary post to give promotion to Thiru.A.Ramalingam, taking into account the order passed by the Tribunal. The case of Thiru.Ramalingam therefore cannot be treated as a precedent 57/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 for the simple reason that it was not decided on merits. The Tribunal notwithstanding the non availability of post, allowed the claim as the Government Pleader was not in a position to submit its response. The case of Thiru.Ramalingam therefore, could not be of any help to decide the claim made by the appellants.

19(iv) Promotion cannot be a matter of right, solely on account of the possession of required qualification :-

(a) The appellants made a claim for promotion contending that they had acquired the Sanitary Inspector Certificate which is the qualification for Block Health Inspector and as such, they should be given promotion from the date of acquisition of such qualification.

(b) There is no question of giving promotion taking into account the qualification acquired by the employees, unless there is a vacancy. Mere possession of qualification would not entitle the appellants to claim retrospective promotion in a post in which they have not actually worked.

20. The relevant Supreme Court judgment:-

(a) The order dated 7 May 2013 in Civil Appeals 4483 to 4485 of 2013 etc. batch would cover the issue raised in these appeals. The judgment dated 7 May 2013 concluded the issue against the appellants.

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(b) The High Court by its judgment dated 23 July 2010, quashed paragraph 6(iv) and (v) of the Government Order in G.O.Ms.No.382 dated 12 October 2007. The High Court ruled in favour of the erstwhile Leprosy Inspectors and directed the Government to fix their seniority in the cadre of Health Inspectors Grade I, by giving the benefit of service from 27 June 1997. It was declared that they are eligible for promotion on completion of five years of service as Health Inspectors Grade I, with a rider that they would be placed in the bottom of the seniority of the serving Health Inspectors Grade I, as on 1 August 1997. It was this judgment which was challenged before the Hon'ble Supreme Court in Civil Appeal No.4483 of 2013 etc. batch.

(c) The Hon'ble Supreme Court while confirming the judgment dated 23 July 2010, summarized its conclusions in the following words.

i) The integration of Leprosy Inspectors into the Department of Health and Preventive Medicine by G.O.Ms. No. 320 dated 27th June, 1997 was complete in all respects.

ii) The aforesaid G.O. Ms. No. 320 dated 27th June, 1997 did not bring about an amendment in the Statutory Services Rules contained in G.O. Ms. 59/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 No. 1507 dated 16th August, 1989. The G.O.Ms. was supplementary to the aforesaid Rules and did not supplant the same.

iii) There was no relaxation in the educational qualification for the integration/redesignation of Leprosy Inspectors as Multi Purpose Health Supervisors as the post of Leprosy Inspector was equated with the post of Multi Purpose Health Supervisor. The qualifications prescribed for appointment on the post of Multi Purpose Health Assistants redesignated as Health Inspector Grade II were not applicable for the post of Multi Purpose Health Supervisor.

iv) Since, there was a complete integration of the posts of Leprosy Inspector and Multi Purpose Health Supervisor by virtue of G.O.Ms. No. 320 dated 27th June, 1997; both categories were entitled to the same treatment. Therefore, Leprosy Inspectors redesignated as Health Inspector Grade IB were entitled to the pay-scale of Rs.1350-2000 w.e.f. 1st August, 1997 and the pay-scale of Rs.4500-7000 w.e.f. the same were given to Health Inspector Grade IA, with all consequential 60/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 benefits.

v) Upon integration vide G.O.Ms. No. 320 dated 27th June, 1997, Multi Purpose Health Supervisors and Leprosy Inspectors were to be re-designated as Health Inspector Grade I. The birth mark of the Leprosy Inspector got obliterated with the integration. There could be no further distinction in the cadre of Health Inspector Grade I. There could be no such division as Health Inspector Grade IA and Health Inspector Grade IB.

vi) Since Paragraph 6(iv) and 6(v) of G.O.Ms. No. 382 dated 12th October, 2007 was in violation of Articles 14 and 16 of the Constitution of India, they have been correctly struck down by the High Court.

vii) The denial of seniority to the redesignated Health Inspectors Grade IB, i.e., erstwhile Leprosy Inspectors on the post of Health Inspector Grade I w.e.f. 1st August, 1997 to 12th October, 2007 violated Articles 14 and 16 of the Constitution of India. The Division Bench of the High Court has correctly concluded that the integrated Leprosy 61/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 Inspectors, re-designated as Health Inspector Grade IB are to be re-designated as Health Inspector Grade I and to be given seniority as well as consequential reliefs such as seniority and further promotions.

viii) The provision contained in Clause 6(v) of G.O.Ms. No. 382 dated 12th October, 2007 denying promotion of the re-designated Health Inspector Grade I to the post of Block Health Supervisor and Technical Personal Assistant till the last person in the existing list of Health Inspector Grade I gets promotion as Block Health Supervisor and Technical Personal Assistant, has been rightly held by the High Court to be violative of Articles 14 and 16 of the Constitution of India.

ix) The continuance of the existing promotion channels as Non-Medical Supervisor and Health Educator to the re-designated Health Inspector grade I (erstwhile Leprosy Inspectors) did not amount to bestowing a double benefit upon this category. Therefore, the High Court did not enforce negative equality. The High Court has correctly observed that upon integration and 62/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 merger into one cadre, the pre existing length of service of the Leprosy Inspectors redesignated as Health Inspector Grade IB had to be protected as it can not be obliterated. Therefore, the Leprosy Inspectors have been correctly placed at the bottom of the seniority list of the already existing Health Inspectors Grade I w.e.f. 27th June, 1997.

Therefore, it can not be said that benefit has been given to the Leprosy Inspectors/Health Inspector Grade IB/Health Inspector Grade I with retrospective effect.

21. In spite of the conclusiveness reached to the issue, the appellants made an unjustifiable claim, based on the order in the case of Thiru.Dhanasekaran and Thiru.Ramalingam.

22. The Government Order in G.O.Ms.No.1507 dated 16 August 1989 was made effective 4 November 1988. The appellants were all appointed only after the cut off date. The appellants were not Health Inspector Grade I, as on 1 August 1997. They are therefore not entitled to the benefits of the direction to place the erstwhile Leprosy Inspectors (later Health Inspectors Grade I) at the bottom of the seniority of the serving Health Inspectors as on 1 August 1997.

23. The appellants made an attempt to revive a lost claim by 63/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 giving cosmetic changes to the prayer. Their claim was rightly rejected by the Government and the learned Single Judge.

24. For the reasons aforesaid, we dismiss the intra court appeals. Consequently, connected miscellaneous petitions are also dismissed."

57. We are in complete agreement with the said view taken by the Division Bench of this court in the said Judgment, dated 30.08.2019. Since the entire issue has been covered by a comprehensive decision taken by the Hon’ble Supreme Court, dated 07.05.2013 made in C.A.No.4483 of 2013 and the same has been implemented, it cannot be stated that, these writ petitioners are entitled to claim the position of Health Inspector Gr.I from the date on which they hold the qualification of certificate as prescribed under the rule.

58. If this plea of the petitioners are considered it would have a very disastrous consequence. The reason being that, the Multi Purpose Health Assistants that is the petitioners had been appointed so in 1989-90 pursuant to the adhoc rules as per G.O.Ms.No.1507, dated 16.08.1989. The actual 64/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 date fixed by the rule is 04.11.1988. That is the reason why the first source of people who had been initially appointed as Vaccinator, Cholera worker etc., had been redesignated as Multi Purpose Health Assistants with effect from 04.11.1988 and subsequently promoted as Health Inspector Gr.I. Like that the Leprosy Inspector also had been redesignated as they were equal to the Health Inspecor Gr.I.

59. These two promotions or redesignation has taken place in 1995 and 1997 respectively. Thereafter some Lab Assistants also had got promotion in the year 1998. However, the petitioners case are concerned, they were initially appointed as Multi Purpose Health Assistants pursuant to the adhoc rules. Therefore at the time of their entering in to service as MPHA, they definitely should have the certificate as a essential qualification. Therefore the logic that has been made by the Division Bench Judgment, dated 13.07.2007 in Janarthanam etc., case as confirmed by the Hon’ble Supreme Court in C.A.No.6660 of 2011, dated 25.02.2015 is applied to the petitioners’ case, i.e., Multi Purpose Health Assistants appointed in 1989-90, all these Multi Purpose Health Assistants who entered 65/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 in the service as such after the adhoc rules, since got the qualification at entry level, would have to be designated as Health Inspector Gr.I, that means at the date of entry into service as Multi Purpose Health Assistants itself, they all should be designated as Health Inspector Gr.I, thereby surpassing all seniors who had entered the service very early., i.e., 1970 and so on and subsequently redesignated and promoted as Health Inspector Gr.I, who are called Category I-A and I-B as has been discussed in the earlier Judgments.

60. Such a retrospective double or triple promotion sought for by these petitioners by citing the Judgment of the Division bench, dated 13.07.2007 is nothing but a total misconception of the issue.

61. The Supreme Court has given a quietus to the issue as has been rightly pointed out by the Division Bench by order, dated 30.08.2019 that, how the combined seniority list should be prepared and to be operated, in their order, dated 07.05.2013 made in C.A.No.4483 of 2013. 66/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

62. If that is acted upon, how such a combined seniority list now has been prepared and executed by the State Government has already been discussed herein above, where over and above or overlooking the I-B category, i.e., from Leprosy Inspector category, these Multi Purpose Health Assistant category who were at that time only in the feeder category subsequently promoted as Health Inspector Gr.I earned promotion in the year 2009 and 2010 to the post of Block Health Supervisor. If combined seniority list is prepared, where these Multi Purpose Health Assistants source persons who promoted as Health Inspector Gr.I are placed below the I-A and I-B category naturally their seniority would be fixed therein, thereby if they earned promotion overlooking either I-A category or I-B category, such a promotion is bad in law.

63. The reason being that, out of 2071 candidates from Sl.No.3924 to 5994 in the IB category only 1232 earned promotion, remaining 839 are yet to be given promotion. These 839 candidates are seniors to these third source candidates namely Multi Purpose Health Assistant candidates like the 67/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 petitioners in the writ petitions.

64. When that being so, the promotion earned by these Multi Purpose Health Assistants category people to the post of BHS, i.e., Block Health Supervisor, overlooking the 839 Health Inspector Gr.I from I-B category is against the combined seniority list overlooking the seniors. Therefore from such a promotion earned by them these juniors are to be necessarily reverted.

65. Though this exercise had already been undertaken by the Government and they issued the reversion orders, that has been questioned by them in these writ petitions. The very same position had been reiterated by us in our order, dated 25.07.2023 made in the Contempt Petitions, which we have extracted herein above, where, in direction No.2 of Paragraph 9, we made it clear that, the promotees who earned such promotion in the third category commencing from Sl.No.5995 till Sl.No.7732 also, such list shall be prepared by the respondents, among them those who earned promotion and superannuated need not be disturbed and the benefits already paid to 68/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 them shall not be recovered. At the same time, those who earned promotions in the third category but still working, as they are not entitled to earn such promotion, they shall be reverted immediately. Therefore what has been done by the Government in passing the impugned orders in these writ petitions have also been approved by us by our order, dated 25.07.2023 while giving such set of directions to comply with the order passed by the Supreme Court in the said Civil Appeal, dated 07.05.2013.

66. The order passed by the Supreme Court on 07.05.2013 cannot be overlooked or thrown to wind by making an argument that the Supreme Court by subsequent order, dated 25.02.2015 in Civil Appeal No.6660 of 2011 has upheld the order passed by the Division Bench, dated 13.07.2007 made in W.P.No.29794 of 2005.

67. The reason being that, the petitioners covered under 13.07.2007 orders are not belong to third category, i.e., Multi Purpose Health Assistant category and therefore such a benefit extended to them cannot be extended 69/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 to Multi Purpose Health Assistant category since they are admittedly juniors to other two category people. That is the reason why while preparing the combined seniority list among the three categories, who is to come first, who is to follow next and who is to come last have been discussed and decided which in fact has been implemented by preparing the combined seniority list.

68. Therefore at no stretch of imagination, the prayer sought for in these writ petitions can be acceded to.

69. The petitioners herein, admittedly belong to the third category, should be placed in the bottom of the seniority list as stated supra. Therefore they have to necessarily earn promotion only when their turn comes as per the combined seniority list.

70. In this context, unless the 839 in the second category are getting promotion even the very first candidate of the third category like the 70/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 petitioners cannot earn such promotion to the post of Block Health Supervisor. Therefore whoever earned such promotion as Block Health Supervisor overlooking the seniority naturally they have to face the reversion. Hence such a reversion order passed by the State / Government in respect of these petitioners, which are challenged in these writ petitions, are fully sustained and in accordance with law as well as the directions issued by this Court based on the combined seniority list prepared by the Government of course pursuant to the order passed by the Supreme Court, dated 07.05.2013. Therefore such a reversion orders cannot be said to be flawed or erroneous or unlawful.

71. Therefore those orders being sustainable one are to be accepted and hence the prayer sought for in all these writ petitions are liable to be rejected, accordingly, these writ petitions since deserve to be dismissed.

72. In view of the orders passed in these writ petitions, the Sub Applications as well the Contempt Petitions are to be closed. 71/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022

73. Resultantly the Writ Petitions in W.P.Nos.29323, 31293, 31298, 31305, 31309, 31312 and 31314 of 2022 are dismissed and the Sub Application Nos.13 of 2020, 211 of 2022 and the Cont.P.Nos.1380 of 2016, 2383 of 2022 are closed as indicated above. However, there is no order as to costs. Consequently, connected miscellaneous petitions are closed.

(R.S.K., J.) (K.B., J.) 28.03.2024 Index : Yes Speaking Order : Yes Neutral Citation : Yes tsvn To

1. The Principal Secretary to Government Government of Tamil Nadu Health and Family Welfare (L1) Department, Secretariat, Chennai – 600 009.

2. The Director of Public Health & Preventive Medicine, Chepauk, Chennai – 600 006.

72/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 73/74 https://www.mhc.tn.gov.in/judis Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 R.SURESH KUMAR, J.

and K.KUMARESH BABU, J.

tsvn Common Order in Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 and connected miscellaneous petitions 28.03.2024 74/74 https://www.mhc.tn.gov.in/judis

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