N.Ganesh, v. The Secretary to Government
Case brief
What is this about?
The High Court dismissed the writ petition seeking action against contract nurses striking or agitating. The Court noted compliance with previous salary enhancement orders and directed a Core Committee to scrutinize duties on a case-by-case basis. The proceedings were closed as no further purpose would be served.
What did the court decide?
The writ petition proceedings were closed; the matter may be approached again if aggrieved by the Core Committee's decision.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2018
CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble Ms.JUSTICE P.T.ASHA W.P. No.31213 of 2017 and WMP.NOS.34272 OF 2017 AND 11718/2018
N.Ganesh .. Petitioner -vs1.The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai – 600 009. 2.Tamil Nadu MRB Nurses Empowerment Association, No.332, 10th Street, Thirumalai Nagar, Chithalapakkam, Chennai – 600 064. 3.MRB Nurses Welfare Association, No.11/20, VOC Street, Tindivanam, Villupuram District – 604 001. 4.The Union of India, through its Secretary, Ministry of Health and Family Welfare Department, New Delhi. .. Respondents
(Fourth respondent impleaded as per the order of this Court dated 12.1.2018)
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to take action against members of the second and third respondents Association and the contract nurses employed with the Government Hospitals in Tamil Nadu, from resorting to any kind of agitations, strike and refusal to work or abstaining from discharging their duty and obligation attached to their employment.
Issues for consideration
3 issues framed by the court
Whether the writ petition seeking relief against contractual nurses should be kept pending or closed given the compliance with salary enhancement and direction for equipment-based scrutiny.
Whether useful purpose would be served by keeping the writ petition pending considering the case-to-case basis for future decisions.
Whether the Core Committee's direction regarding regularization and duty scrutiny remains valid.
Parties & counsel
- petitioner
N. Ganesh
- respondent
Secretary to Government, Health and Family Welfare Department
- respondent
Tamil Nadu MRB Nurses Empowerment Association
- respondent
MRB Nurses Welfare Association
- respondent
Union of India
Case details
As recorded by the court registry
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