Madras High Court
S.S.Ravinthar vs The Director Of Public Health & ... on 5 September, 2022
Author: S.M.Subramaniam
Bench: S.M. Subramaniam
W.P.No.2964 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.2964 of 2016
W.M.P.No2450 of 2016 and W.M.P.No.1855 of 2018
S.S.Ravinthar ... Petitioner
Vs.
1.The Director of Public Health & Preventive Medicines,
Chennai – 6.
2.The Deputy Director of Health Services,
Tirupattur, Vellore District.
3.The Government of Tamil Nadu,
Re. By Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Chennai – 600 009. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to consider the
claim of the petitioner for regularly absorption into Government service by
regular appointment as Driver and to direct the 2nd respondent to keep one
post of Driver against the BC Community in Tirupattur District pursuant to
the Notification dated 13.1.2016, vacant and reserved for the petitioner
herein, pending such consideration and passing appropriate orders by the
3rd respondent.
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https://www.mhc.tn.gov.in/judis
W.P.No.2964 of 2016
For Petitioner : Mr.M.Ravi
For Respondents : Mr.K.H.Ravikumar
Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the 3 rd respondent to consider the claim of the writ petitioner for regular absorption into Government Service by regular appointment as Driver.
2.The writ petitioner was engaged as Driver on contract basis. The petitioner states that he was continuously working as Driver on contract basis in Government Primary Health Centre. Admittedly, he was discharged from service on 04.12.2012. Thus, the petitioner served as a Driver on contract basis from 13.01.2005 to 04.12.2012. That apart, the petitioner was engaged as a contract Driver under NRHM Scheme. When the appointments are made under a Scheme on contract basis, the employees engaged under the contract employment cannot seek permanent absorption. The benefit of permanent absorption shall be considered only if appointments are made in accordance with the recruitment rules in force. Admittedly, the writ petitioner was engaged as a Driver under a Scheme and his services were discharged on 04.12.2012. The petitioner is not in 2/4 https://www.mhc.tn.gov.in/judis W.P.No.2964 of 2016 employment for the past about ten years. That apart, at the time of filing the writ petition, he was aged about 34 years and now he would be around 40 years. Since the writ petitioner was not appointed on regular basis under the recruitment rules, he cannot seek any permanent absorption in a sanctioned post in the time scale of pay.
3.The regularization or permanent absorption cannot be granted in violation of the rules in force. Contract appointments cannot be a ground to claim permanent absorption in a sanctioned post. All appointments are against a sanctioned post are to be made strictly by following the recruitment rules in force and by providing an equal opportunity for all the eligible candidates who all are aspiring to secure public employment through open competitive process. Thus, the constitutional scheme of appointments alone are to be made in all circumstances and the persons appointed in accordance with the rules alone are entitled for permanent absorption by following the procedures as contemplated under the recruitment rules. This being the principles to be followed, the writ petitioner was appointed as Driver on contract basis and he was discharged from service on 04.12.2012 and thus, he is not entitled for permanent absorption as prayed in the writ petition.
3/4 https://www.mhc.tn.gov.in/judis W.P.No.2964 of 2016 S.M.SUBRAMANIAM, J.
ssr
4.Accordingly, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed.
05.09.2022
Internet : Yes
Index : Yes
Speaking Order
ssr/sha
To
1.The Director of Public Health & Preventive Medicines, Chennai – 6.
2.The Deputy Director of Health Services, Tirupattur, Vellore District.
3.The Government of Tamil Nadu, Re. By Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai – 600 009.
W.P.No.2964 of 2016
W.M.P.No2450 of 2016 and W.M.P.No.1855 of 2018 4/4 https://www.mhc.tn.gov.in/judis