Madras High Court
P.Rajendran … vs Government Of Tamil Nadu on 22 July, 2021
Author: M.Govindaraj
Bench: M.Govindaraj
W.P.No.24204 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:22.07.2021
CORAM
THE HON’BLE MR.JUSTICE M.GOVINDARAJ
W.P.No.24204 of 2008
P.Rajendran …Petitioner
Vs.
1.Government of Tamil Nadu
rep.by Secretary to Government
Health and Family Welfare Department
Fort St.George
Chennai - 600 009.
2.The Director of Public Health and
Preventive Medicine
Chennai - 600 006. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus, to call
for the records of the second respondent herein relating to the orders [1]
in 27411/MP2/S1/2008 dated 13.03.2008 and [2]
R.No.120211/MP2/S1/08 dated 20.03.2008, quash the same and issue
consequential directions to the respondents to include the name of the
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W.P.No.24204 of 2008
petitioner in the panel for the year 2005-2006 in the appropriate place
therein and to promote him as Block Health Supervisor notionally with
retrospective effect from 27.01.2006, the date in which
Thiru.V.Chandrasekaran was promoted and to grant consequential service
and monetary benefits.
For petitioner : Mr.Balakrishnan
For respondents : Mr.C.Selvaraj
Government Advocate
ORDER
This Writ Petition has been preferred to call for the records of the second respondent herein relating to the orders [1] in 27411/MP2/S1/2008 dated 13.03.2008 and [2] R.No.120211/MP2/S1/08 dated 20.03.2008, quash the same and issue consequential directions to the respondents to include the name of the petitioner in the panel for the year 2005-2006 in the appropriate place therein and to promote him as Block Health Supervisor notionally with retrospective effect from 27.01.2006.
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2.The petitioner is appointed as Vaccinator and joined in the services of the 2nd respondent on 10.10.1969. While he was serving as Health Inspector Grade - I, he retired from his service on 31.08.2006. He was fully qualified for promotion to the post of Block Health Supervisor, during 2005-2006. However, his name was not included in the panel and as the respondents have included so many un-qualified persons. The panel for promotion to the post of Block Health Supervisor for the year 2005-2006 was challenged by the petitioner and others in W.P.No.2249 of 2006 and Batch, and this Court by its order dated 21.11.2007, wherein this Court has held as follows:-
"As regards the G.O.Ms.No.593, for the reasons stated above, this Court is unable to see any reason to strike it down. But, at the same time, on the strength of the said Government Order, the State cannot be allowed to prepare a panel including the respondents 3 to 16 or persons alike them, for promotion to the post of Block Health Supervisor. Accordingly, the State is restrained from preparing such a panel. However, it is made clear that such a panel if prepared, should not be given effect.Page 3 of 6
http://www.judis.nic.in W.P.No.24204 of 2008 Accordingly, all these Writ Petitions are disposed of. No costs. Consequently connected WPMPs and MPs are closed."
3.Subsequent to the order of this Court, panel was prepared and the persons upto seniority rank No.2000 (multi purpose Health workers category) had become eligible for promotion to the post of Block Health Supervisor as against the estimated vacancy of 86 posts in the panel year 2005-2006. However, the petitioner's seniority was fixed at 2730, was far below and could not be included in the panel for 2005- 2006. He might have been eligible for inclusion for the panel year 2006- 2007, but the petitioner retired from service with effect from 31.08.2006 and therefore, he could not be included.
4.Aggrieved over non inclusion in the panel, the petitioner has approached this Court.
5.Admittedly, the petitioner's seniority position in the cadre of Block Health Inspector Grade - I was 2730. Promotion to the post of Block Health Supervisor in the year 2005-2006 was considered among Multi Purpose Health Workers Category upto seniority No.2000. It is Page 4 of 6 http://www.judis.nic.in W.P.No.24204 of 2008 seen that the petitioner was 730 places below the eligible persons to be included in the panel, who were included in the panel for the year 2006- 2007. Therefore, I do not find any reason to interfere with the decision, in not including the petitioner's name in the panel for the year 2005-2006.
6.The petitioner who might have been included in the panel for the year 2006-2007, but unfortunately he retired from service on 31.08.2006 by attaining the age of superannuation. Therefore his name was not included in the panel for the subsequent year also. All these reasons are recorded by the 2nd respondent while rejecting the request of the petitioner.
7.Hence, I do not find any reason to interfere with the orders of the 2nd respondent [1] in 27411/MP2/S1/2008 dated 13.03.2008 and [2] R.No.120211/MP2/S1/08 dated 20.03.2008, and accordingly, this Writ Petition stands dismissed. No costs.
Jer 22.07.2021
M.GOVINDARAJ, J.,
Jer
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W.P.No.24204 of 2008
Index:Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
To
1.The Secretary to Government
Government of Tamil Nadu
Health and Family Welfare Department
Fort St.George
Chennai - 600 009.
2.The Director of Public Health and
Preventive Medicine
Chennai - 600 006.
Writ Petition No.24204 of 2008
22.07.2021
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