Madras High Court
P.Nagendran vs /14 on 28 March, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.18379 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18379 of 2023
and
W.M.P.Nos.17591 of 2023 & 2042 of 2024
1. P.Nagendran
Block Health Statistician
Government Primary Health Centre
Ammai Naickannur,
Nilakkottai Block, Dindigul District.
2. R.Prasanth
Block Health Statistician
Government Primary Health Centre
Salaigramam, Ilayangudi Taluk,
Sivaganga District.
3. K.Abdul Samathu
Block Health Statistician
Government Primary Health Centre
Kaniyur, Madathukulam Block,
Tiruppur, Tiruppur District.
4. V.Mahendiran
Block Health Statistician
Government Primary Health Centre
Nandhivaram, Chengelpet District. ... Petitioners
Vs.
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W.P.No.18379 of 2023
1. The Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai – 600 012.
2. The Secretary to Government,
Personnel and Administrative,
Reforms Department,
Secretariat, Chennai – 600 012.
3. The Director Public Health and
Preventive Medicine,
D.M.S. Complex,
Teynampet, Chennai – 600 006.
4. The Director of Family Welfare,
D.M.S. Complex,
Teynampet, Chennai – 600 006. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 1st and 3rd respondents herein
to make necessary amendments in the Adhoc Rules of the Tamil Nadu
Public Health Subordinate Service for the post of “Statistical Assistant”
in the Directorate of Public Health and Preventive Medicine, by
amending that, the post of Block Health Statistician shall be made as
feeder category for the post of Statistical Assistant in Public Health
Subordinate Service in Tamil Nadu as per the Government Order vide
G.O.Ms.No.154 of Health and Family Welfare Department dated
11.08.2004 and G.O.Ms.No.596 of the Health and Family Welfare (R1)
Department dated 31.12.2018 and promote them according to their
seniority.
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W.P.No.18379 of 2023
For Petitioners : Mr.G.Purusothaman
For Respondents : Mr.K.Tippusultan
Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the 1st and 3rd respondents to make necessary amendments in the Adhoc Rules of the Tamil Nadu Public Health Subordinate Service for the post of “Statistical Assistant” in the Directorate of Public Health and Preventive Medicine, by amending that, the post of Block Health Statistician shall be made as feeder category for the post of Statistical Assistant in Public Health Subordinate Service in Tamil Nadu as per the Government Order vide G.O.Ms.No.154 of Health and Family Welfare Department dated 11.08.2004 and G.O.Ms.No.596 of the Health and Family Welfare (R1) Department dated 31.12.2018 and promote the petitioners according to their seniority.
2. The petitioners were appointed as Block Health Statistician through Tamil Nadu Public Service Commission on various dates by the 4th respondent. The petitioners state that, from the year 2004, only 22 3/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 posts of Block Health Statistician were filled up in the year 2016 and no one among Block Health Statistician were promoted to the next post. There are now 247 Block Health Statisticians in the State, who are over burdened with the works of 412 posts in that category and that apart, they are also shouldering the works of Block Extension Educator. As per G.O.Ms.154 dated 11.08.2004, the post of Block Extension Educator was abolished. Which narrates as, “iii). The Block Extension Educators shall be allowed to continue and if they possess the requisite qualification for the post of Sanitary Inspector, they will be appointed as Block Health Supervisors and those who do not possess the qualification shall be allowed to continue till their retirement. The posts will get abolished automatically once the existing incumbents vacate the post. The Director of Public Health and Preventive Medicine shall distribute the posts as one for each Block Primary Health Centre while reorganizing the existing male component and he shall report the number of posts which get abolished every quarter starting from 01.07.2004”. G.O.Ms.154 dated 11.08.2004 further contemplates that, “ii) The Block Health Statistician (Computer) should be included in the Primary Health Centre set up and he should carry out both Family Welfare and Public Health 4/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 activities and report to the Deputy Director of Health Services and Deputy Director of Medical and Rural Health Services and Family Welfare in the District. This post shall be made as feeder category for the post of Statistical Assistant (PH) in the Office of the Deputy Director of Health Services”. By G.O.Ms.596 dated 31.12.2018, the 1st respondent has amended earlier G.O.Ms.154 dated 11.08.2004 that “the post of Block Health Statistician shall be made as feeder category for both the post of Statistical Assistant in Tamil Nadu Health Subordinate Service and for the post of District Extension Educator in Tamil Nadu Medical Subordinate Service”. Even though, it was held in G.O.Ms.154 dated 11.08.2004 as well as in G.O.Ms.596 dated 31.12.2018 that, Block Health Statistician is the feeder post for Statistical Assistant in Tamil Nadu Health Subordinate Service, no necessary amendments were carried out in the adhoc rules so far. Hence, the petitioners made a representation dated 06.06.2023 to the 1st and 3rd respondents to make necessary amendment in the adhoc rules to promote the Block Health Statisticians to the post of Statistical Assistants. So far, no reply has been given by the respondents. Hence, the present writ petition has been filed. 5/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023
3. The 3rd respondent has filed a counter affidavit, wherein it is stated that, since the Government Order in G.O.Ms.No.154, Health and Family Welfare (AC) Department, dated 11.03.2004, does not specifically mention the administrative and technical control authority of the post of Block Health Statisticians, so as to bring the same as the feeder category for the post of Statistical Assistant functioning under this Department of Public Health and Preventive Medicine, the Government has requested the Director of Family Welfare to offer their remarks on the issue of administrative and technical control of the post of Block Health Statistician and subsequently to send necessary proposal for amendment of the Special Rules based on the above Government Order, to bring the same as feeder category for the post of Statistical Assistants of this Department of Public Health and Preventive Medicine. The Director of Family Welfare, vide Letter dated 24.03.2022 in Ref No.3497/FW/E2/2017, has stated that the Block Health Statisticians are the only field level staff to perform the Family Welfare activities at the block level. Hence, the Director of Family Welfare Department has stated that, the Block Health Statistician posts cannot be brought under the 6/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 administrative and technical control of the Directorate of Public Health and Preventive Medicine. In this regard, it is stated that, the Education Qualification with respect of the post of Statistical Assistants, the feeder categories for the post of Statistical Assistants, i.e. Computor, Computor cum Vaccine Store Keeper and Input Output Assistants are similar, but the Educational Qualification for the post of Block Health Statistician has an additional qualification of decree in Economics. Thus differs the posts of Block Health Statistician and Statistical Assistants.
4. It is further stated in the counter affidavit that, the total number of Block Health Statistician sanctioned are 412 in the Department of Family Welfare. But, there are only 45 Statistical Assistants posts sanctioned in this Department, with feeder category for the posts being Computor, Computor cum Vaccine Store Keepers, Input and Output Assistants of the Tamil Nadu Public Health Subordinate Services of this Department of Public Health and Preventive Medicine and eligible candidates from the Ministerial Services (i.e Assistants and Junior Assistants with B.Sc Statistics or Mathematics with Statistics as Special Subject as education qualification) who are working in this Department 7/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 of Public Health and Preventive Medicine. Therefore, it is brought to the kind notice of this Court that, the promotional avenues for the staffs of this Department of Public Health and Preventive Medicine, i.e. Computor, Computor cum Vaccine Store Keeper, Input and Output Assistants and eligible Assistants and Junior Assistants are very limited and the total number of Statistical Assistants posts are also meagre. Furthermore, it is stated that, even if it is for the betterment of the Department, only on bringing the post of Block Health Statistician under the administrative and technical control of the Department of Public Health and Preventive Medicine, the mentioned post can be more effectively utilised by bringing them under the Programme of State Bureau of Health Intelligence, which is one of the crucial functions of the Department's Statistics Wing. Since the Director of Family Welfare Department also has stated that, the Block Health Statistician being the only Field Staffs of their Department carrying out the Field works, it is highly biased that by including the post of Block Health Statistician as the feeder category of the post of Statistical Assistants not only affects the existing promotional avenues of the Department Staffs but also defunct the Department of Family Welfare, being the only field level 8/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 staffs. Therefore, the Learned Government Advocate appearing for the respondents sought to dismiss this writ petition.
5. On going through the averments made in the petition, it is seen that, the similar issue was already dealt by this Court in W.P.No.3462 of 2017 dated 09.03.2022, wherein, the 1st respondent has filed a counter affidavit as follows:
“4. ....that the post of Block Health Statistician has now been filled up through Tamil Nadu Public Service Commission during 2017 & 2018. Out of 412 number of vacant posts of Block Health Statistician, 257 posts have been filled up. Further to provide promotion opportunities to the Block Health Statitician who have so long been working in the same post, proposals were sent to Government to amend the Adhoc rule governing the post of District Extension Educator. Accordingly necessary amendments have been issued to the adhoc rules for the temporary post of District Extension Educator in the Family Welfare Programme by the Government in G.O. (Ms) No. 597, dated 31.12.2018 prescribing the post of Block Health Statistician, who have completed 15 years of service as a feeder category to the post of District Extension Educator, by promotion.9/14
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5. ....it is further submitted that the relevant Adhoc rules for the post of District Extension Educator has been amended vide G.O. Ms. No. 596, Health and Family Welfare (R1) Department, dated 31.12.2018 to the effect that the post of Block Health Statistician shall be made as feeder category for both the post of Statistical Assistant in Tamil Nadu Public Health Subordinate Service and for the post of District Extension Educator in Tamil Nadu Medical Subordinate Service. It is further submitted that the Petitioners have been promoted either as District Extension Educator or Statistical Assistant according to their qualification and experience. Some of the Petitioners have also retired from service on attaining the age of superannuation. The Block Health Statisticians whose seniority have not been reached are still continuing as Block Health Statistician and they will be promoted as District Extension Educator or Statistical Assistant when they reach their turn according to their eligibility and seniority.
6. ....that the request of the Petitioners for providing promotion avenues to the Block Health Statistician and to reduce the burden of work due to large number of vacancies of the post of Block Health Statistician have been addressed by prescribing Block Health Statistician, as a feeder category to the post of District Extension Educator after 10/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 making necessary amendments to the relevant Adhoc rules and also by filing the vacant post of Block Health Statistician through Tamil Nadu Public Service Commission. As such, this writ petition is liable to be dismissed since the prayer of Petitioner has been complied with.”
6. This Court, based on the above compliance made in the counter affidavit, has observed in W.P.No.3462 of 2017 dated 09.03.2022 as follows:
“4. Having regard to the aforesaid subsequent events after the filing of the Writ Petition, nothing remains for further consideration in this Writ Petition, but if the Petitioners still has any grievance to be redressed in the matter, they are not precluded from working out their rights before the proper forum in the manner recognized by law.
In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, connected Miscellaneous Petition is closed. No costs.”
7. Having regard to the compliance made by the respondents as well as the observations made by this Court in the aforesaid Writ Petition No.3462 of 2017, dated 09.03.2022, the respondents are directed to 11/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 consider the representation made by the petitioner and pass appropriate orders, by making necessary amendments in the Adhoc Rules, in view of the compliance made in W.P.No.3462 of 2017 dated 09.03.2022, within a period of six months from the date of receipt of a copy of this order.
8. Accordingly, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
28.03.2025 raja Index : yes/no Internet : yes/no To
1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai – 600 012.
2. The Secretary to Government, Personnel and Administrative, Reforms Department, Secretariat, Chennai – 600 012.
3. The Director Public Health and Preventive Medicine, D.M.S. Complex, Teynampet, Chennai – 600 006.
4. The Director of Family Welfare, 12/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm ) W.P.No.18379 of 2023 D.M.S. Complex, Teynampet, Chennai – 600 006.
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raja W.P.No.18379 of 2023 28.03.2025 14/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:47 pm )