SEKAR REPORTER

Court News from Madras High Court

Justice P.D.Audikesavalu passed orders on multipurpose health workers employed during covid 19 pandemic

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :  17.03.2023

CORAM

THE HON’BLE MR. JUSTICE P.D. AUDIKESAVALU

W.P. Nos. 25671, 25675 and 26518 of 2021 and

W.P. Nos. 272 and 19996 of 2022 and

W.P. Nos. 803, 832, 7306 and 7372 of 2023 and

W.M.P. Nos. 27109, 27110,  27116 and 27117 of 2021 and

W.M.P. Nos. 296, 8686, 8692 and 19291 of 2022 and

W.M.P. Nos. 751, 752, 754, 804, 805, 806, 7391, 7390, 7395, 7397, 7456,

7457 and 7459 of 2023

W.P. No. 25671 of 2021

  1. E.Saravanan
  2. Mohan
  3. Venkateswaran
  4. Manikandan
  5. Suresh Kumar
  6. Suresh
  7. Senthilkumar
  8. Tamilvanan
  9. Chandrakanth
  10. Kathiravan
  11. Rajakumar
  12. Sivakandan
  13. Murali
  14. Kumar
  15. Bakiyaraj
  16. Ravi
  17. Sugumaran
  18. Muthu
  19. Ramu
  20. Baskaran
  21. Manjini
  22. Kumar
  23. Mouttouramin
  24. Nirmalkumar
  25. Raman
  26. Pradaban
  27. Udhayakumar
  28. Murugan
  29. Prakash
  30. Rajasekar
  31. Veeramanikandan
  32. Karikalcholan
  33. Vignesh
  34. Rajaguru
  35. Chithambaram
  36. Balasubramaniyan
  37. Selvadurai
  38. Vinoth
  39. Prathap
  40. Manikandan41. M.Raja
  41. Elavazhagan
  42. Nandhakumar
  43. Vignesh
  44. Sathyaraj
  45. Kumaresan
  46. Lokesh
  47. Ravi
  48. Venugopal
  49. Kathiravan
  50. Karthikeyan
  51. Venkatesh53. S.Ananth
  52. Krishnaraj
  53. Manimaran
  54. Lakshmipathi57. S.Ramkumar
  55. Mugunthanraj
  56. Udhayanithi
  57. Viji
  58. Ramamoorthy
  59. Thamaraikkannan
  60. Kolanjinathan
  61. Marimuthu
  62. Udhayakumar
  63. Azhagan
  64. Kulandaivelu
  65. P.Vinoth
  66. Vinothkumar
  67. Suresh
  68. Gopinathan
  69. Santhosh Kumar
  70. Jeyashreevishnu Kumar
  71. Ilavarasan
  72. Arunkumar
  73. Ezhilselvan
  74. Vinothkumar
  75. Saranraj
  76. Veerarajan
  77. Ranjith
  78. Balasubramani
  79. Sivalingam
  80. Tamilvendhan
  81. Sathishkumar
  82. Karthikeyan
  83. Manivannan
  84. Prakashkumar
  85. Jaganmani
  86. Paranthaman
  87. Murugan
  88. Ganesh
  89. Rajadurai
  90. Satheeshkumar
  91. Balaji … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Secretary to Government,

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

  1. The Director,

Directorate of Public Health and Preventive Medicine,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Commissioner,

Municipal Administration & Water Supply Department,     Chepauk, Chennai – 600 005.

  1. The Principal,

Pondicherry University Community College,

(A Constituent College of Pondicherry)

Lawspet, Puducherry – 605 008.           … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to issue appointment orders on permanent basis to candidates with one year Diploma in Sanitation from Pondicherry University Community College who were appointed on the 334 posts of Multi Purpose Health Workers sanctioned under G.O.Ms.No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 and as Multi Purpose Health Worker during covid-19 pandemic on temporary basis.

For Petitioners : Mrs. Nalini Chidambaram,

Senior Counsel for Ms. C.Uma
For Respondents

W.P. No. 25675 of 2021

1. P.E.Saravanan

 : Mr. B.Vijay,

Additional Government Pleader

(for R1 to R4)

No appearance (for R5)
2. P.Mohan                  … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Secretary to Government,

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

  1. The Director,

Directorate of Public Health and Preventive Medicine,

Government of Tamil Nadu,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Commissioner,

Municipal Administration & Water Supply Department,     Chepauk, Chennai – 600 005.

  1. The Principal,

Pondicherry University Community College,

(A Constituent College of Pondicherry)

Lawspet, Puducherry – 605 008.           … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent issue appropriate orders to recognize the Diploma in Sanitation Inspector (DSI) from Pondicherry University Community College for recruitment purposes in Tamil Nadu as in Pondicherry as requested by the Principal, Pondicherry

University Community College, the Fifth Respondent herein, in his letter dated

23.09.2021 having Ref.No.PUCC/Aca/DSI/RR/2021-22 addressed to the Second Respondent.

For Petitioners : Mrs. G.Nalini Chidambaram,

Senior Counsel   for Mrs. C.Uma
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 to R4)

R 5 – No appearance

W.P. No. 26518 of 2021

  1. E.Saravanan
  2. Mohan
  3. Venkateswaran
  4. Manikandan
  5. Suresh Kumar
  6. Suresh
  7. Senthilkumar
  8. Tamilvanan
  9. Chandrakanth
  10. Kathiravan
  11. Rajakumar
  12. Sivakandan
  13. Murali
  14. Kumar
  15. Bakiyaraj
  16. Ravi
  17. Sugumaran
  18. Muthu
  19. Ramu
  20. Baskaran
  21. Manjini
  22. Kumar
  23. Mouttouramin
  24. Nirmalkumar
  25. Raman
  26. Pradaban
  27. Udhayakumar
  28. Murugan
  29. Prakash
  30. Rajasekar
  31. Veeramanikandan
  32. Karikalcholan
  33. Vignesh
  34. Rajaguru
  35. Chithambaram
  36. Balasubramaniyan
  37. Selvadurai
  38. Vinoth
  39. Prathap
  40. Manikandan41. M.Raja
  41. Elavazhagan
  42. Nandhakumar
  43. Vignesh
  44. Sathyaraj
  45. Kumaresan
  46. Lokesh
  47. Ravi
  48. Venugopal
  49. Kathiravan
  50. Karthikeyan
  51. Venkatesh53. S.Ananth
  52. Krishnaraj
  53. Manimaran
  54. Lakshmipathi57. S.Ramkumar
  55. Mugunthanraj
  56. Udhayanithi
  57. Viji
  58. Ramamoorthy
  59. Thamaraikkannan
  60. Kolanjinathan
  61. Marimuthu
  62. Udhayakumar
  63. Azhagan
  64. Kulandaivelu
  65. P.Vinoth
  66. Vinothkumar
  67. Suresh
  68. Gopinathan
  69. Santhosh Kumar
  70. Jeyashreevishnu Kumar
  71. Ilavarasan
  72. Arunkumar
  73. Ezhilselvan
  74. Vinothkumar
  75. Saranraj
  76. Veerarajan
  77. Ranjith
  78. Balasubramani
  79. Sivalingam
  80. Tamilvendhan
  81. Sathishkumar
  82. Karthikeyan
  83. Manivannan
  84. Prakashkumar
  85. Jaganmani
  86. Paranthaman
  87. Murugan
  88. Ganesh
  89. Rajadurai
  90. Satheeshkumar
  91. Balaji … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Secretary to Government,

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

  1. The Director,

Directorate of Public Health and Preventive Medicine,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Commissioner,

Municipal Administration & Water Supply Department,     Chepauk, Chennai – 600 005.

  1. The Committee Director,

State Welfare Association,

Health and Family Welfare Department,

No. 359, Anna Salai, 5th Floor, DMS Annex Building,     Teynampet, Chennai – 600 006.

  1. The Executive Secretary / Deputy Director,

District Welfare Association,

Health and Family Welfare Department,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The Principal,

Pondicherry University Community College,

(A Constituent College of Pondicherry)

Lawspet, Puducherry – 605 008.                    … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to include the one year Diploma certificate in sanitation from Pondicherry University Community College as one of the eligible criteria for applying for the 2448 posts of Multipurpose Health Worker in the Health and Wellness Centres across the State of Tamil Nadu in the Annexure VI-A of the G.O.Ms.No.531, Health and Family Welfare (EAP II-2) Department dated 25.11.2021 issued by the First Respondent.

For Petitioners : Mrs. Nalini Chidambaram,

Senior Counsel for Ms. C.Uma
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 to R6)

No appearance (for R7)

W.P. No. 272 of 2022

  1. Vadivel
  2. Jeganathan
  3. Vinoth
  4. Viswanathan
  5. Thiruppathi
  6. Suresh
  7. Mani
  8. Aruchamy
  9. Selvakumar
  10. Pragatheswaran
  11. Karthick
  12. Eswaran
  13. Parasuraman
  14. Rajkumar
  15. Thangeswaran
  16. Prakash
  17. Askar Ali
  18. Prakasha Ruban
  19. Suresh
  20. Thamizharasan
  21. Kannan Maharaja
  22. Venkatesan
  23. Yuvraj
  24. Dhamotharan
  25. Aravindhan
  26. Meenakshi Sundar
  27. Dineshkumar
  28. Senthil Velkumar
  29. Parthasarathi
  30. Kalaichelvan
  31. Sanjay … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,

Health and Family Welfare Department,     Secretariat, Fort St. George,     Chennai – 600 009.

  1. The Director of Public Health and Preventive Medicine,

DMS Compound, Anna Salai,     Teynampet,

Chennai – 600 006.

  1. The Chairman,

Medical Recruitment Board,

7th Floor, DMS Compound,

359 Anna Salai,

Chennai – 600 006.                  … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to implement G.O.Ms. No. 338, Health and Family Welfare Department dated

02.08.2019 to fill up the regular sanctioned vacancies to the post of Health Inspector Grade – II as per the qualification prescribed in the Government Order and consequently consider the Petitioners for selection for regular appointment to the sanctioned post of Health Inspector Grade-II based on the merit in the selection and based on the representation submitted by the Petitioners.

For Petitioners : Mr. G.Sankaran, Senior Counsel for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 and R2)

Mr. M.Loganathan (for R3)

W.P. No. 19996 of 2022

  1. E.Saravanan
  2. Mohan
  3. Murali
  4. Lakshmipathi
  5. Kulandaivelu
  6. Tamilvanan
  7. Veerarajan
  8. Ezhilselvan
  9. Karthikeyan
  10. Karikalcholan
  11. Murugan
  12. Pradaban
  13. Rajaguru
  14. Vignesh
  15. Viji
  16. Raman
  17. Krishnaraj
  18. Prathap
  19. Jeyashreevishnu Kumar
  20. Suresh Kumar
  21. Gopinathan
  22. Marimuthu
  23. Udhayanithi
  24. Rajadurai
  25. Rajamanickam
  26. Chithambaram
  27. Kathiravan
  28. Sugumaran
  29. Sivakandan
  30. Ravi
  31. Venkatesh
  32. Kumaresan
  33. Bakiyaraj
  34. Kumar
  35. Manjini … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep.by its Principal Secretary to Government,

Health and Family Welfare Department,     Secretariat, Fort St.George,     Chennai – 600009.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Director,

Directorate of Public Health and Preventive Medicine,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The Commissioner,

Municipal Administration & Water Supply Department,     Chepauk, Chennai – 600 005.

  1. The Principal,

Pondicherry University Community College,

(A Constituent College of Pondicherry)

Lawspet, Puducherry – 605 008.           … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to pay the monthly salary of the Petitioners amounting to Rs. 20,000/- per month from February 2022 onwards and continue to pay the salary of the Petitioners who are working as Multipurpose Health Workers even as on date.

For Petitioners : Mrs. Nalini Chidambaram,

Senior Counsel for Ms. C.Uma
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 to R4)

No appearance (for R5)

W.P. No. 803 of 2023

  1. Vadivel
  2. Thiruppathi
  3. Suresh
  4. Mani
  5. Aruchamy
  6. Selvakumar
  7. Pragatheswaran
  8. Karthick
  9. Eswaran
  10. Rajkumar
  11. Thangeswaran
  12. Prakasha Ruban
  13. Tamizharasan
  14. Venkatesan
  15. Senthil Velkumar                         … Petitioners

-vs1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,

Health and Family Welfare Department,     Secretariat, Fort St. George,     Chennai – 600 009.

  1. The Director of Public Health and Preventive Medicine, DMS Compound, Anna Salai,

Teynampet, Chennai – 600 006.

  1. The Chairman,

Medical Recruitment Board,     7th Floor, DMS Compound,

359 Anna Salai, Chennai – 600 006.           …

Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the Second Respondents in R.No.24974/Mp1/S1/2020 dated 03.01.2023 and to quash the same insofar as the Petitioners are concerned and consequently directing the Respondents to allow the Petitioners to continue to work as Health Inspector Grade-II in accordance with proceedings of Second Respondent in

R.No.24974/MP1/S1/2020 dated 30.06.2021.

For Petitioners : Mr. G.Sankaran, Senior Counsel for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 and R2)

Mr. M.Loganathan (for R3)

W.P. No. 832 of 2023

  1. E.Saravanan
  2. Mohan
  3. Venkateswaran
  4. Manikandan
  5. Suresh Kumar
  6. Suresh
  7. Senthilkumar
  8. Tamilvanan
  9. Kathiravan
  10. Sivakandan
  11. Murali
  12. Kumar
  13. Bakiyaraj
  14. Ravi
  15. Sugumaran
  16. Muthu
  17. Ramu
  18. Baskaran
  19. Manjini
  20. Kumar
  21. Mouttouramin
  22. Nirmalkumar
  23. Raman
  24. Pradaban
  25. Udhayakumar
  26. Murugan
  27. Prakash
  28. Rajasekar
  29. Veeramanikandan
  30. Karikalcholan
  31. Vignesh
  32. Rajaguru
  33. Chithambaram
  34. Balasubramaniyan
  35. Selvadurai
  36. Vinoth
  37. Prathap
  38. Vignesh
  39. Kumaresan
  40. Venugopal
  41. Kathiravan
  42. Karthikeyan
  43. Venkatesh44. S.Ananth
  44. Krishnaraj
  45. Manimaran
  46. Lakshmipathi
  47. Mugunthanraj
  48. Udayanithi
  49. Viji
  50. Ramamoorthy
  51. Thamaraikkannan
  52. Kolanjinathan
  53. Marimuthu
  54. Kulandaivelu
  55. P.Vinoth
  56. Vinothkumar
  57. Suresh
  58. Gopinathan
  59. Jeyashreevishnu Kumar
  60. Saranraj
  61. Veerarajan
  62. Sathishkumar
  63. Karthikeyan
  64. Jaganmani
  65. Ganesh
  66. Rajadurai
  67. Satheeshkumar
  68. Balaji
  69. Jayachandran
  70. Subash … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Secretary to Government,

Health and Family Welfare Department,

Fort St. George, Chennai – 600 009.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Director,

Directorate of Public Health and Preventive Medicine,

No. 359, Anna Salai, DMS Complex,

Teynampet, Chennai – 600 006.                  … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Third Respondent dated 03.01.2023 having Ref.No.R.No.24974/MP1/S1/2020 and quash the same and consequently issue direction to the Respondents to allow the Petitioners to continue to work in the present place as Multi Purpose Health Workers as per the interim order of status quo of this Hon’ble Court dated 06.12.2021 in W.M.P. Nos. 27110 and 27117 of 2021 in W.P. Nos. 25671 of 2021 and 25675 of 2021.

For Petitioners : Mrs. Nalini Chidambaram,

Senior Counsel for Ms. C.Uma
For Respondents : Mr. B.Vijay,

Additional Government Pleader

W.P. No. 7306 of 2023:-

  1. E.Saravanan
  2. Mohan
  3. Venkateswaran
  4. Manikandan
  5. Suresh Kumar
  6. Suresh Kumar
  7. Senthilkumar
  8. Tamilvanan
  9. Kathiravan
  10. Sivakandan
  11. Murali
  12. Kumar
  13. Bakiyaraj
  14. Ravi
  15. Sugumaran
  16. Muthu
  17. Ramu
  18. Baskaran
  19. Manjini
  20. Kumar
  21. Mouttouramin
  22. Nirmalkumar
  23. Raman
  24. Pradaban
  25. Udhayakumar
  26. Murugan
  27. Prakash
  28. Rajasekar
  29. Veeramanikandan
  30. Karikalcholan
  31. Vignesh
  32. Rajaguru
  33. Chithambaram
  34. Balasubramaniyan
  35. Selvadurai
  36. Vinoth
  37. Prathap
  38. Vignesh
  39. Kumaresan
  40. Venugopal
  41. Kathiravan
  42. Karthikeyan
  43. Venkatesh44. S.Ananth
  44. Krishnaraj
  45. Manimaran
  46. Lakshmipathi
  47. Mugunthanraj
  48. Udayanithi
  49. Viji
  50. Ramamoorthy
  51. Thamaraikkannan
  52. Kolanjinathan
  53. Marimuthu
  54. Kulandaivelu
  55. P.Vinoth
  56. Vinothkumar
  57. Suresh
  58. Gopinathan
  59. Jeyashreevishnu Kumar
  60. Saranraj
  61. Veerarajan
  62. Sathishkumar
  63. Karthikeyan
  64. Jaganmani
  65. Ganesh
  66. Rajadurai
  67. Satheeshkumar
  68. Balaji
  69. Jayachandran
  70. Subash … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep. by its Secretary to Government,

Health and Family Welfare Department,

Fort St. George, Chennai – 600 009.

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,     Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.

  1. The Director,

Directorate of Public Health and Preventive Medicine,

No. 359, Anna Salai, DMS Complex,

Teynampet, Chennai – 600 006.                  … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Third Respondent dated 01.03.2023 having Ref.No.R.No.24974/MP1/S1/2020 and quash the same and consequently issue direction to the Respondents to allow the Petitioners to continue to work in the present place as Multi Purpose Health Workers until the Petitioners are absorbed permanently in the post of Multi Purpose Health

Workers (Formerly Health Inspector Grade II) in the Directorate of Public Health and Preventive Medicine.

For Petitioners                           :            Mrs. Nalini Chidambaram,

Senior Counsel for Ms. C.Uma

For Respondents                           :         Mr. B.Vijay,

Additional Government Pleader

W.P. No. 7372 of 2023

  1. Vadivel
  2. Thiruppathi
  3. Suresh
  4. Mani
  5. Aruchamy
  6. Selvakumar
  7. Pragatheswaran
  8. Karthick
  9. Eswaran
  10. Rajkumar
  11. Thangeswaran
  12. Prakasha Ruban
  13. Tamizharasan
  14. Venkatesan
  15. Senthil Velkumar                                  … Petitioners

-vs-

  1. The State of Tamil Nadu,

Rep.by its Principal Secretary to Government,

Health and Family Welfare Department,

Secretariat, Fort St.George,     Chennai – 600009.

  1. The Director of Public Health and Preventive Medicine,

DMS Compound, Anna Salai,     Teynampet,

Chennai – 600006.

  1. The Chairman,

Medical Recruitment Board,

7th Floor, DMS Compound,

359 Anna Salai, Chennai – 600 006.           … Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, calling for the records relating to the impugned order issued by the Second Respondent in

R.No.24974/MP1/S1/2020 dated 01.03.2023 and to quash the same insofar as the Petitioners are concerned and consequently directing the Respondents to allow the Petitioners to continue to work as Health Inspector Grade – II in accordance with proceedings of Second Respondent in

R.No.24974/MP1/S1/2020 dated 30.06.2021.

For Petitioners : Mr. G.Sankaran, Senior Counsel for Mr. S.Nedunchezhiyan
For Respondents : Mr. B.Vijay,

Additional Government Pleader

(for R1 and R2)

Mr. M.Loganathan (for R3)

C O M M O N  O R D E R

Heard Mrs. Nalini Chidambaram, Learned Senior Counsel for the Petitioners in W.P. Nos. 25671, 25675 and 26518 of 2021, 19996 of 2022, 832 and 7306 of 2023, Mr. G.Sankaran, Learned Senior Counsel for the Petitioners in W.P. Nos. 272 of 2022, 803 and 7372 of 2023, and Mr. B.Vijay, Learned Additional Government Pleader appearing for the Government-Respondents in all the Writ Petitions and Mr. B.Loganathan, Learned Counsel for the Medical Recruitment Board in W.P. Nos. 272 of 2022, 803 and 7372 of 2023 and perused the materials placed on record, apart from the pleadings of the parties.

  1. As the controversies involved in these Writ Petitions are inextricably connected with each other, they are taken up for common adjudication by this order.
  2. The Government of Tamil Nadu by G.O.Ms. No. 95, Heath and Family Welfare Department dated 13.03.2020 in the exercise of powers conferred under the Tamil Nadu Public Health Act, 1939, had declared Covid-19 as a notified disease in the State of Tamil Nadu, and had permitted the Director of Public Health and Preventive Medicine to engage 2715 Multipurpose Health

Worker (Male) in the post of Health Inspector Grade II on outsourcing as a temporary measure to meet the exigencies of that situation. Such appointments were made on a consolidated pay of Rs. 20,000/- per month through outsourcing agencies initially for a period of two months, which was periodically extended upto 31.03.2022 taking note of the pandemic requirements. As against 1646 persons who had been hired in the said post, 1560 of them left their job on expiry of contractual tenure. The remaining 86 persons, who are amongst the Petitioners in the Writ Petition in W.P. No. 25671 of 2021 (filed on 26.11.2021) have sought for a direction to the Government of Tamil Nadu to issue appointment orders on permanent basis to candidates with one year Diploma in Sanitation from Pondicherry University Community College, who had been temporarily engaged as Health Inspector Grade II  during the Covid pandemic. This Court by an interim order dated 06.12.2021 in W.M.P. No. 27110 of 2021 in W.P. No. 25671 of 2021 had required status quo regarding employment of those Petitioners in the said Writ Petition to be maintained, which continues to be in force as on date.

  1. The Petitioners in the Writ Petition in W.P. No. 272 of 2022 (filed on

05.01.2023) have sought for a direction to fill up the sanctioned vacancies in the post of Health Inspector Grade II as per the qualification prescribed in G.O. Ms. No. 338 Health and Family Welfare Department dated 02.08.2019 issued by the Government of Tamil Nadu and consequently consider them for selection to that post based on the representations made by them.  The benefit of the aforesaid interim order granted in W.P. No. 25671 of 2021 have been extended to these Petitioners also by order dated 10.01.2022 passed in W.M.P. No. 298 of 2022 in W.P. No. 272 of 2022 passed by the Court.

  1. The Principal, Pondicherry University Community College by Letter no.

23.09.2021 had requested the Director of Public Health and Preventive Medicine, Government of  Tamil Nadu, Chennai, to recognize the Diploma programme in Sanitary Inspector of that institution for recruitment purposes in Tamil Nadu as in Puducherry.  The Petitioners in the Writ Petition in W.P. No.

25675 of 2021 (filed on 26.11.2021) have sought for a direction to the Government of Tamil Nadu to implement it.

  1. The Petitioners in W.P. No. 26518 of 2021 (filed on 08.12.2021) have sought direction to the Government of Tamil Nadu to include one year Diploma certificate from Pondicherry University Community College as one of the eligibility criteria to apply for the posts of 2448 Multipurpose Health Worker in the Health and Wellness Centres across Tamil Nadu in the Annexure VI-A to G.O.Ms. No. 531, Health and Family Welfare (EAP II-2) Department dated

25.11.2021 issued by the Government of Tamil Nadu.

  1. The grievance ventilated by the Petitioners in the Writ Petition in W.P. No. 19996 of 2022 (filed on 27.07.2022) is that they have not been paid the salary of Rs.20,000/- from February 2022 to July 2022 and have sought for appropriate directions in that regard.
  2. The Director of Public Health and Preventive Medicine by Proceedings R.No. 24974/MP1/S1/2020 dated 03.01.2023, after taking note of the decision to dispense with the services of the temporary engagement of the outsourced Health Inspector Grade-II with effect from 31.03.2022 and the continuance of the interim order of status quo passed in W.P. No. 25671 of 2021 and W.P. No. 272 of 2022 by the Court, instructed to divert and utilize the services of those

85 Temporary Health Inspectors Grade-II at various places in the Health and

Wellness Centres under the National Health Mission Scheme (NHM). The said order has been challenged by the Petitioners in W.P. No. 803 of 2023 (filed on 09.01.2023), W.P. No. 832 of 2023 (filed on 09.01.2023) W.P. No.7306 of 2023 (filed on 03.03.2023) and W.P. No. 7372 of 2023 (filed on 06.03.2023) contending that the consolidated pay of Rs. 20,000/- per month paid to them as Health Inspector Grade II would get reduced to Rs. 14,000/- per month in the changed dispensation and as such, they should be permitted to continue in the existing post.

  1. Having regard to various reliefs sought by the Petitioners in the aforesaid

Writ Petitions, the following points arise for consideration:-

  • Whether the persons who had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 are entitled to permanent absorption in service? (W.P. No. 25671 of 2021)
  • Whether the persons holding one year Diploma in Sanitary Inspector from Pondicherry University Community College are entitled to seek inclusion of the said course of study as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry including applying for the

2448 posts of Multipurpose Health Workers in the Health and Wellness

Centres across Tamil Nadu in Annexure  VI-A to G.O.Ms. No. 531,

Health and Family Welfare Department, dated 25.11.2021 issued by the

Government of Tamil Nadu? (W.P. Nos. 25675 and 26518 of 2021)

  • Whether any direction could be issued to the Government of Tamil

Nadu to fill up the sanctioned vacancies in the post of Health Inspector

Grade II as per the qualifications prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 issued by the Government of Tamil Nadu? (W.P. No. 272 of 2022)

  • Whether any direction has to be issued to the Government of Tamil

Nadu for payment of salary of Rs. 20,000/- per month from February

2022 to July 2022 to certain persons who had been employed as Health

Workers Grade II? (W.P. No. 19996 of 2022)

  • Whether the persons who had been temporarily engaged as Health

Inspector Grade II on consolidated pay are entitled to receive             Rs. 20,000/- per month after diverting to utilize their services in the Health and Wellness Centres under the National Health Mission Scheme when the consolidated pay for the same has been fixed at       Rs. 14,000/- per month or continue their services as Health Inspector  Grade II on consolidated pay of Rs. 20,000/- per month in the same place till they are permanently absorbed in service?  (W.P. Nos. 803, 832 and 7306 of 2023)

  1. Point (i): Whether the persons who had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 are entitled to permanent absorption in service? (W.P. No. 25671 of 2021)

It is not in dispute that the Petitioners had been temporarily engaged as Health Inspector Grade II on contractual basis from March 2020 to meet the emergent needs of the pandemic requirements and their appointments had not been made following the prescribed procedure under the recruitment rules after invitation to all qualified candidates to apply for the post at that relevant point of time in consonance with the mandate of Articles 14 and 16 of the Constitution of India. At this juncture, it would be necessary to quote the legal position on regularization of service in public employment as laid down by the Constitution Bench of the Hon’ble Supreme Court of India in Secretary, State of Karnataka

-vs- Umadevi [(2006) 4 SCC 1], which reads as follows:-

“47. When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognised by the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a person cannot invoke the theory of legitimate expectation for being confirmed in the post when an appointment to the post could be made only by following a proper procedure for selection and in cases concerned, in consultation with the Public Service Commission. Therefore, the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the State has held out any promise while engaging these persons either to continue them where they are or to make them permanent. The State cannot constitutionally make such a promise. It is also obvious that the theory cannot be invoked to seek a positive relief of being made permanent in the post.

  1. ….Those who are working on daily wages formed a class by themselves, they cannot claim that they are discriminated as against those who have been regularly recruited on the basis of the relevant rules. No right can be founded on an employment on daily wages to claim that such employee should be treated on a par with a regularly recruited candidate, and made permanent in employment, even assuming that the principle could be invoked for claiming equal wages for equal work. There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making

appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitment rules….”

In view of the aforesaid binding dictum of the Highest Court of the Land, the Petitioners cannot claim any right for absorption or permanent continuance in the post and if such benefit is extended to them, it would squarely amount to blatant violation of the constitutional scheme, which cannot be countenanced.

  1. Point (ii): Whether the persons holding one year Diploma in Sanitary Inspector from Pondicherry University Community College are entitled to seek inclusion of the said course of study as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry including applying for the 2448 posts of Multipurpose Health Workers in the Health and Wellness Centres across Tamil Nadu in Annexure VI-A to G.O.Ms. No. 531, Health and Family

Welfare Department, dated 25.11.2021 issued by the Government of Tamil

Nadu? (W.P. Nos. 25675 and 26518 of 2021)

Some of the persons, who had temporarily worked as Health Inspector Grade II on contract basis were holding one year Diploma in Sanitary Inspector from

Pondicherry University Community College, but the said course of study had not been included in  Annexure  VI-A to G.O.Ms. No. 531, Health and Family Welfare Department, dated 25.11.2021 issued by the Government of Tamil Nadu, though the Principal of Pondicherry University Community College had recommended for its inclusion as eligibility criteria for recruitment purpose in Tamil Nadu as in Puducherry. In this context, it would be useful to recapitulate the principles relating to determination of equivalence of prescribed qualifications for any post under the State with any other given qualification, as highlighted in Devender Bhaskar -vs- State of Haryana (Order dated

24.11.2021 in Civil Appeal  No. 7031 of 2021) from the earlier decisions of the

Hon’ble Supreme Court of India referred below:-

  • Mohammad Shujat Ali -vs- Union of India [(1975) 3 SCC 76]: The question regarding equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications. Where the decision of the Government is based on the recommendation of an expert body, then the Court, uninformed of relevant data and unaided by technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government unless it is based on extraneous or irrelevant considerations or actuated malafides or is irrational and perverse or manifestly wrong.
  • Ranga Swamy -vs- Government of Andhra Pradesh [(1990) 1 SCC

288]:

It is not for the Court to consider the relevance of qualification prescribed for various post.

  • State of Rajasthan -vs- Lata Arun [(2002) 6 SCC 252]:

The prescribed eligibility qualification for admission to a course or for recruitment to or promotion in service are matters to be considered by the appropriate authority.

  • Guru Nanak Dev University -vs- Sanjay Kumar Katwal [(2009) 1 SCC

610]:

The equivalence is a technical academic matter. It cannot be implied or assumed. Any decision of the academic body of the university relating to equivalence should be by a specific order or resolution, duly published.

  • Zahoor Ahmad Rather & Ors -vs- Sheikh Imtiyaz Ahmad [(2019) 2

SCC 404]:

The State, as an employer, is entitled to prescribe qualifications as a condition of eligibility, after taking into consideration the nature of the job, the aptitude required for efficient discharge of duties, functionality of various qualifications, course content leading up to the acquisition of various qualifications, etc.,

The said view has been reinforced in Institution of Mechanical Engineers

(India) -vs- State of Punjab [(2019) 16 SCC 95] in the following words:“45. ….What is the value of that certificate will be considered by each employer as and when the occasion arises. The appellant would certainly be entitled to award Certificate of Membership to its Members. What weightage the Certificates must have is for the individual employers to consider in a given case. The concerned employer may attach due importance to such Certificates while considering the worth and ability of the concerned candidates but to say that the Certificates are equivalent to a degree and as such all the candidates who hold such Certificates are entitled to derive the advantage which a degree holder can, is completely a different issue.”

This would necessarily mean that it would not be permissible for the Court to enter into the realm of ascertaining the equivalence of prescribed qualification for any post in public service. At the same time, it must be highlighted that the Government of Tamil Nadu has created a mechanism for the said purpose in G.O. Ms. No. 93, Higher Education (K2) Department, dated 30.05.2019 by constituting the equivalence committee under the Chairmanship of the Secretary to Government, Higher Education Department and has also prescribed the manner in which such exercise would have to be conducted. As such, if the Petitioners have any grievance relating to non-inclusion of their course of study in the prescribed qualification for filling up the vacancies in the regular post, they would have to work out their remedies accordingly in that regard.

  1. Point (iii): Whether any direction could be issued to the Government of

Tamil Nadu to fill up the sanctioned vacancies in the post of Health Inspector

Grade II as per the qualifications prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 issued by the Government of Tamil Nadu? (W.P. No. 272 of 2022)

It is contended by the Respondents that in furtherance to the recommendations made on 19.08.2021 by the Director of Public Health and Preventive Medicine, it has been proposed to amend the service rule prescribing the qualification for the post of Multipurpose Health Worker /Health Inspector Grade II and carry out the recruitment process for filling up the vacancies in the post after publication of the said amendment. The changes in the prescribed qualification are reflected in the self-explanatory tabular statement below:-

Prior to 13.04.2017 After 13.04.2017
Must possess one year Multipurpose

Health Worker (Male) Sanitary Inspector Course Certificate granted by the Director of Public Heath and Preventive Medicine or said course in University affiliated /Government recognized institutions.

 Must possess Two years Multipurpose Health Worker (Male) Sanitary

Inspector Course Certificate granted by the Director of Public Heath and Preventive Medicine or said course in University affiliated /Government recognized institutions. The syllabus followed in such institutions should be equivalent to the syllabus prescribed by the Director of Public Health and Preventive Medicine.

The said reasons explained by the Respondents justifies their inability to fill up the vacancies as per the existing qualification prescribed in G.O. Ms. No. 338, Health and Family Welfare (L1) Department, dated 02.08.2019, issued by the Government of Tamil Nadu, which cannot be faulted. It has been emphatically ruled by the Constitution Bench of the Hon’ble Supreme Court of India in Shankarsan Dash -vs- Union of India [(1991) 3 SCC 47], where it has been ennunciated as follows:-

“ …. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bona fide for the appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted….”

Viewed from that perspective, it is not possible for this Court to issue any direction as sought for immediately filling up the vacancies without carrying out the proposed amendments relating to the eligibility conditions in the service rules.

  1. Point (iv): Whether any direction has to be issued to the Government of

Tamil Nadu for payment of salary of Rs. 20,000/- per month from February

2022 to July 2022 to certain persons who had been employed as Health Workers Grade II? (W.P. No. 19996 of 2022)

Insofar as the claim for non-payment of salary to some of the Petitioners from February 2022 to July 2022 is concerned, the Respondent have disputed such liability by raising the plea that the concerned persons have not attended to duty for which they would not be entitled to any remuneration during that period. In such circumstances, the concerned persons would have to make representations before the salary disbursing authority along with proof of their attendance for the relevant period and in turn, the said authority would have to examine the same and pass appropriate orders thereon to pay their salaries due, if any, for the exact period that they establish to have actually worked.

  1. Point (v): Whether the persons who had been temporarily engaged as Health Inspector Grade II on consolidated pay are entitled to receive Rs.

20,000/- per month after diverting to utilize their services in the Health and Wellness Centres under the National Health Mission Scheme when the consolidated pay for the same has been fixed at Rs. 14,000/- per month or continue their services as Health Inspector  Grade II on consolidated pay of Rs. 20,000/- per month in the same place till they are permanently absorbed in service?  (W.P. Nos. 803, 832 and 7306 of 2023)

It has been demonstrated by the Respondents that the necessity to temporarily engage the persons appointed as Health Inspector Grade II on consolidated pay has ceased and it was decided to dispense with their services with effect from 31.03.2022. However, in view of the continuance of the interim order of status quo passed by this Court in W.P. No. 25671 of 2021 and 272 of 2022, these persons have been permitted to continue to work in that post and the Respondents have filed applications in W.M.P. Nos. 8686, 8692 and 23726 of 2022,   to vacate the said interim orders. The Respondents have also expressed their financial difficulties in continuing to pay salary to those persons engaged as Health Inspectors Grade II as there has not been allocation of funds for the same. In that backdrop, the decision has been taken as reflected from the proceedings in R.No.24974/MP1/S1/2020 dated 03.01.2023 from the Director of Public Health and Preventive Medicine, Chennai, to divert and utilize the services of the 85 temporarily engaged Health Inspectors Grade II as mentioned in the list enclosed to that order, in the Health and Wellness Centres on contract basis under the National Health Mission Scheme.

  1. In view of the aforesaid reasons, which deserve acceptance, it is not possible to accede to the claim of the Petitioners to either continue to engage them in the same places as Health Inspector Grade II on the consolidated pay of Rs. 20,000/- per month or to pay the said amount instead of Rs. 14,000/- if their services are diverted to be utilized at various places in the Health and Wellness Centres under the National Health Mission Scheme. In must be pointed out here that the proposal to divert and utilize the services of the persons temporarily engaged as Health Inspector Grade II in the Health and Wellness Centres under the National Health Mission Scheme is evidently a humanitarian gesture without any legal obligation to do so and if the concerned persons do not want to accept the said arrangement, they would have to only leave from service and cannot expect pay protection or further continuance in employment.
  2. In the additional common affidavit dated 16.03.2023 filed by the Director of Public Health and Preventive Medicine, it has been stated that the Respondents are inclined to engage the services of the Petitioners on contractual basis in the Health and Wellness Centres established under the Universal Health Coverage Scheme with a consolidated pay of Rs. 14,000/- per month and such temporary appointments would be made only through District Health Societies in the respective Districts as per the directions in the order dated 21.01.2021 in W.P. (MD) No. 19565 of 2020 passed by the Division Bench of this Court. The details of re-engagement of 86 persons with effect from 01.04.2023 furnished by the Respondent is extracted below:-
Name of the

HUD

 Sl.

No.

 Name of the outsourced HI GR 2 Posted to Health and Wellness

Centre in name of

HUD

Posted to Health and Wellness Centre
Attur 1 D. Vinothkumar Salem Kannankurichi
Coimbatore 2 D.Jaganmani Coimbatore ETR Valparai
  3 S.Mani Coimbatore Poluvampatti
  4 R.Selvakumar Coimbatore Varadhayarkaripalayam
  5 D.Pragatheeswaran Coimbatore Muthugoundanur
  6 R.Arusamy Coimbatore Thennamanallur
Cuddalore 7 A.Tamilvanan Cuddalore Sivakkam
  8 T.Raman Chengalpet Perumbakkam
  9 K.Sureshkumar Chengalpet Cuddalore
  10 R.Manikandan Chengalpet Kodur
  11 D.Senthilkumar Chengalpet Chengattur
  12 P.Venkateswaran Chengalpet Nelvaipalayam
  13 Sivakandan Chengalpet Mamandur
  14 S.Nirmalkumar Chengalpet Muduchur
  15 V.Ramamoorthy Chengalpet Ayapakkam
  16 D.Kolanginathan Chengalpet Manamai
  17 T.Saranraj Chengalpet Sogandi
Dharmapuri 18 E.P.Vinoth Dharmapuri Dharmapuri
Kallakurichi 19 M.Venkateswaran Paramakudi Chinnaervadi
  20 R.Kumar Paramakudi Kavakulam
  21 M.Bakiyaraj Paramakudi S.Naripaiyur

 

Name of the

HUD

 Sl.

No.

 Name of the outsourced HI GR 2 Posted to Health and Wellness

Centre in name of

HUD

Posted to Health and Wellness Centre
  22 S.Anandh Paramakudi S.Mookkaiyur
  23 S.Chidambaram Paramakudi Siraikulam
  24 R.Thamaraikannan Paramakudi Vallakulam
  25 A.Kathiravan Paramakudi T.M.Kottai
  26 G.Venkateswaran Paramakudi Keelamunthal
  27 S.Jeyachandran Paramakudi Seranthai
Madurai 28 P.Thangeswaran Madurai Chokkalingapuram
  29 M.Prakasha Roopan Dindigul Kanavaipatti
Myladuthurai 30 A.Rajadurai Myladuthurai Thandavakulam
  31 K.Ganesh Thanjavur Chinnaavudaiyarkoil
  32 G.Subash Thanjavur Keelakurichi
Namakkal 33 M.Sathishkumar Namakkal Nariyangadu
  34 D.Suresh Namakkal O. Sowdhapuram
Palani 35 A.Senthivel Kumar Erode Kuruchi
Paramakudi 36 S.Balasubramaniyan  Paramakudi Pammanenthal
Ramnad 37 B.Manimaran Ramnad Gandhinagar
Tenkasi 38 T.Jeyasree Vishnukumar Thiruneveli Koovachipatti
Thanjavur 39 T.Rajamanikam Thanjavur Pallathur
  40 V.Mugundhanraj Thanjavur Poovanam
Theni 41 P.Vadivel Dindigul Alagampatti
  42 R.Rajkumar Dindigul Kuttupati
  43 R.Karthick Thiruppur Salavanayakkanpatti
  44 M.Tiruppathi Thanjavur Udayanadu
  45 M.Karthikeyan Thanjavur Sethubabachathiram
Thirupathur 46 C.Suresh Ranipet O.Cherry
Thiruppur 47 B.Eswaran Thiruppur Karunaipalayam
Thiruvallur 48 D.Veerajan Chengalpet Muttukadu

 

Name of the

HUD

 Sl.

No.

 Name of the outsourced HI GR 2 Posted to Health and Wellness

Centre in name of

HUD

Posted to Health and Wellness Centre
  49 P.Mohan Poonamallee Kolappancheri
  50 P.E.Saravanan Poonamallee Anaikattucheri
Trichy 51 G.Karthikeyan Trichy Malayadipatti
  52 R.Viji Trichy Kavalkaranpatti
Villupuram 53 V.Vignesh Ramnad Annanagar
  54 R.Venugopal Ramnad Soosaiyapparpattinam
  55 D.Karikalacholan Ramnad Thoppukadu
  56 V.Rajasekar Ramnad Naraiyuranni
  57 N.Sugumaran Ramnad Valantharavi
  58 D.Pradaban Ramnad Alagankulam
  59 M.Kathiravan Ramnad Athankarai
  60 J.Prathap Ramnad Panaikulam West
  61 A.Ramu Ramnad Pudhuvalasai
  62 P.Murugan Ramnad Pattinamkathan
  63 J.Udaiyakumar Ramnad Rettaiyurani
  64 R.Suresh Ramnad Vellarivodai
  65 M.Lakshmipathi Ramnad Iyyanthoppu
  66 R.Rajaguru Ramnad Irumeni
  67 V.Vignesh Ramnad Perunkulam
  68 R.Marimuthu Ramnad Thuthivalasai
  69 M.Kulandaivel Ramnad Sundaramudayan
  70 G.Ravi Ramnad Ayankudi
  71 M.Muthuraman Ramnad Melapanaiyur
  72 M.Kumar Ramnad Radhanur
  73 R.Manjini Ramnad Sethidal
  74 N.Muthu Ramnad A.R.Mangalam
  75 G.Kumaresan Ramnad Senkudi
  76 R.Krishnaraj Ramnad Kothaiyarkottai
Name of the

HUD

 Sl.

No.

 Name of the outsourced HI GR 2 Posted to Health and Wellness

Centre in name of

HUD

Posted to Health and Wellness Centre
  77 C.Selvadurai Ramnad Paranur
  78 R.Prakash Ramnad Uppoor
  79 P.Udayanithi Ramnad Kazhugurani
  80 S.Murali Ramnad Ammankovil
  81 S.Vinoth Ramnad Soorankottai
  82 V.Veeramanikandan Ramnad Thangayanagar
  83 S.Gopinathan Ramnad Pudhukovil
  84 K.Balaji Ramnad Kanjeerankudi
  85 M.Baskaran Ramnad Panayadienthal
Erode 86 Tamilarasan Coimbatore Kottur III

In such circumstances, the interim order of status quo relating to the employment of the Petitioners passed by this Court shall stand vacated with effect from 31.03.2023, and it is made clear that if the said 86 persons fail to report for duty at the respective Health and Wellness Centres allotted to them from 01.04.2023, they shall not be entitled to avail the aforesaid benefit that has been extended by the Respondents to them.

  1. It is needless to add here that the Petitioners, if they are otherwise eligible, are not precluded from participating in the recruitment to the post of Health Inspector Grade II, as and when notification for filling up the vacancies is made, and they may also seek relaxation in age from the concerned authority for the period during which they have actually worked under contractual employment during the Covid pandemic , if permissible under the Rules, but no view is expressed by this Court on their entitlement to the same in that regard.

The result of the foregoing discussion is that all the Writ Petitions are dismissed with aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

17.03.2023

skr/Maya

Index: Yes/No

Neutral Citation: Yes/No

Note: Issue order copy by 31.03.2023.

To

 

  1. The Secretary to Government of Tamil Nadu, Health and Family Welfare Department,     Fort St. George, Chennai – 600 009.
  2. The Principal Secretary to Government of Tamil Nadu, Municipal Administration & Water Supply Department,     Fort St. George, Chennai – 600 009.
  3. The Director,

Directorate of Public Health and Preventive Medicine,

No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The Commissioner,

Municipal Administration & Water Supply Department,     Chepauk, Chennai – 600 005.

  1. The Executive Secretary / Deputy Director,

District Welfare Association,

Health and Family Welfare Department,     No. 359, Anna Salai, DMS Complex,     Teynampet, Chennai – 600 006.

  1. The Committee Director,

State Welfare Association,

Health and Family Welfare Department,     No. 359, Anna Salai, 5th Floor, DMS Annex Building,     Teynampet, Chennai – 600 006.

  1. The Chairman,

Medical Recruitment Board,     7th Floor, DMS Compound,

359 Anna Salai, Chennai – 600 006.

  1. The Principal,

Pondicherry University Community College,     (A Constituent College of Pondicherry)     Lawspet, Puducherry – 605 008.

P.D. AUDIKESAVALU, J.

skr/Maya

W.P. Nos. 25671, 25675 and 26518 of 2021  and

W.P. Nos. 272 and 19996 of 2022 and W.P. Nos. 803, 832, 7306 and 7372 of 2023

Dated: 17.03.2023

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