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Madras High Court

D.Selvakumar vs The State Of Tamil Nadu on 3 October, 2019

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                         W.P.Nos.17016, 17018, 17021 to 17023
                                                                                   and 17026 to 17028 of 2019


                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 03.10.2019

                                                          CORAM

                                         THE HON'BLE MR.JUSTICE M.DHANDAPANI

                                        W.P.Nos.17016, 17018, 17021 to 17023
                                             and 17026 to 17028 of 2019

                      W.P.No.17016 of 2019


                      D.Selvakumar                                               .. Petitioner


                                                               vs


                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Vellore -1 .

                      4.The Government Primary Health Centre (NRHM),
                        Navlak (Unani Section),
                        Vellore District.                                   .. Respondents



                      1/12


http://www.judis.nic.in
                                                                       W.P.Nos.17016, 17018, 17021 to 17023
                                                                                 and 17026 to 17028 of 2019


                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the
                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Vellore District based on the petitioner's representation dated
                      26.12.2018.


                      W.P.No.17018 of 2019


                      P.Venkatesan                                             .. Petitioner


                                                               vs


                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Tiruvannamalai .

                      4.The Government Primary Health Centre (NRHM),
                        M.V.Nallur (Homeo Wing),
                        Tiruvannamalai District.                            .. Respondents




                      2/12


http://www.judis.nic.in
                                                                         W.P.Nos.17016, 17018, 17021 to 17023
                                                                                   and 17026 to 17028 of 2019


                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the
                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Tiruvannamalai District based on the petitioner's representation dated
                      26.12.2018.


                      W.P.No.17021 of 2019


                      S.Selvi                                                .. Petitioner


                                                               vs


                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Tiruvannamalai .

                      4.The Government Primary Health Centre (NRHM),
                        Desur (Siddha Wing),
                        Tiruvannamalai District.                               .. Respondents




                      3/12


http://www.judis.nic.in
                                                                        W.P.Nos.17016, 17018, 17021 to 17023
                                                                                  and 17026 to 17028 of 2019


                      Prayer:     Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the
                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division,    Tiruvannamalai District based on the petitioner's representation
                      dated 26.12.2018.


                      W.P.No.17022 of 2019


                      P.K.Selvam                                               .. Petitioner


                                                               vs


                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Tiruvannamalai .

                      4.The Government Primary Health Centre (NRHM),
                        Melpalliput (Unani Wing),
                        Tiruvannamalai District.                            .. Respondents




                      4/12


http://www.judis.nic.in
                                                                         W.P.Nos.17016, 17018, 17021 to 17023
                                                                                   and 17026 to 17028 of 2019


                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the
                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Tiruvannamalai District based on the petitioner's representation dated
                      26.12.2018.


                      W.P.No.17023 of 2019


                      K.Jeeva                                                       .. Petitioner


                                                               vs

                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Dharmapuri .

                      4.The Government Primary Health Centre (NRHM),
                        Kallavi (Siddha),
                        Dharmapuri District.                                 .. Respondents


                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the

                      5/12


http://www.judis.nic.in
                                                                       W.P.Nos.17016, 17018, 17021 to 17023
                                                                                 and 17026 to 17028 of 2019


                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Dharmapuri District based on the petitioner's representation dated
                      26.12.2018.




                      W.P.No.17026 of 2019


                      B.Veena                                                    .. Petitioner


                                                               vs

                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Vellore-1.

                      4.The Government Primary Health Centre (NRHM),
                        Minnel(Unani Section),
                        Vellore District.                                   .. Respondents



                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the


                      6/12


http://www.judis.nic.in
                                                                       W.P.Nos.17016, 17018, 17021 to 17023
                                                                                 and 17026 to 17028 of 2019


                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Vellore District based on the petitioner's representation dated
                      26.12.2018.




                      W.P.No.17027 of 2019


                      T.Ashokan                                                  .. Petitioner


                                                               vs

                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Vellore-1.


                      4.The Government Primary Health Centre (NRHM),
                        Ladavaram (Unani Section),
                        Vellore District.                                   .. Respondents



                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the


                      7/12


http://www.judis.nic.in
                                                                       W.P.Nos.17016, 17018, 17021 to 17023
                                                                                 and 17026 to 17028 of 2019


                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Vellore District based on the petitioner's representation dated
                      26.12.2018.



                      W.P.No.17028 of 2019




                      M.Kesavan                                                  .. Petitioner


                                                               vs

                      1.The State of Tamil Nadu,
                         Rep.by its Secretary to Government,
                         Health & Family Welfare Department,
                         Fort St.George, Chennai 600 009.

                      2.The Director,
                         Indian Medicine & Homeopathy Department,
                         Chennai 600 106.

                      3.The District Siddha Medical Officer,
                        O/o.Siddha Medical Office,
                        Government of Siddha Hospital,
                        Tiruvannamalai.

                      4.The Government Primary Health Centre (NRHM),
                        Thandarampattu,
                        Tiruvannamalai.                                      .. Respondents



                      Prayer:   Writ Petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus directing the 3rd respondent to absorb the



                      8/12


http://www.judis.nic.in
                                                                          W.P.Nos.17016, 17018, 17021 to 17023
                                                                                    and 17026 to 17028 of 2019


                      petitioner in the Primary Health Centre, Siddha Division, Government Siddha
                      Division, Tiruvannamalai District based on the petitioner's representation dated
                      26.12.2018.




                                    For Petitioners     :   Mr S.Kathamalai Kumaran

                                    For R1              :   Mrs.A.Srijayanthi
                                                            Addl.Govt.Pleader.

                                    For R2 yo T4        :   Mrs.V.Kadirvelu
                                                            Spl.Govt.Pleader




                                                   COMMON ORDER




Writ Petitions are filed directing the 3rd respondent to absorb the petitioners in the Primary Health Centre, Siddha Division, Government Siddha Division, Tiruvannamalai District in W.P.Nos.17018, 17021, 17022 & 17028 of 2019 and Vellore District in W.P.Nos.17016, 17026, 17027 of 2019 and Dharmapuri District in W.P.No.17023 of 2019 based on the petitioners' representation dated 26.12.2018.

2. Heard the learned counsel appearing for the petitioners; learned Additional Government Pleader appearing for the first respondent and the 9/12 http://www.judis.nic.in W.P.Nos.17016, 17018, 17021 to 17023 and 17026 to 17028 of 2019 learned Special Government Pleader appearing for the second, third and fourth respondents.

3. The case of the petitioners is that the petitioners were called for interview, after enquiry, the petitioners were appointed to the post of Multi purpose Workers on daily wages basis. After completion of service for more than 10 years, the petitioners' service were not regularized and they were considered to be only a temporary workers without any of the service benefits.

Therefore, the petitioners made representations dated 26.12.2018 to the respondents. Since no order has been passed, the present writ petitions have been filed.

4. Learned counsel appearing for the petitioners would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioners' representations and pass appropriate orders within a reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioners, this Court hereby directs the respondents to 10/12 http://www.judis.nic.in W.P.Nos.17016, 17018, 17021 to 17023 and 17026 to 17028 of 2019 consider the petitioners' representation dated 26.12.2018 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petitions are accordingly disposed of. No costs.





                                                                                                03.10.2019
                      Index     : Yes/No
                      kkd

                      To

                      1. The Secretary to Government,
                         State of Tamil Nadu,

Health & Family Welfare Department, Fort St.George, Chennai 600 009.

2.The Director, Indian Medicine & Homeopathy Department, Chennai 600 106.

3.The District Siddha Medical Officer, O/o.Siddha Medical Office, Government of Siddha Hospital, Vellore -1 .

4.The Government Primary Health Centre (NRHM), Navlak (Unani Section), Vellore District.

11/12

http://www.judis.nic.in W.P.Nos.17016, 17018, 17021 to 17023 and 17026 to 17028 of 2019 M.DHANDAPANI,J.

kkd

5.The District Siddha Medical Officer, O/o.Siddha Medical Office, Government of Siddha Hospital, Dharmapuri .

6.The Government Primary Health Centre (NRHM), Kallavi (Siddha), Dharmapuri District.

7.The District Siddha Medical Officer, O/o.Siddha Medical Office, Government of Siddha Hospital, Tiruvannamalai .

8.The Government Primary Health Centre (NRHM), M.V.Nallur (Homeo Wing), Tiruvannamalai District.

W.P.Nos.17016, 17018, 17021 to 17023 and 17026 to 17028 of 2019 03.10.2019 12/12 http://www.judis.nic.in