The Madurai Bench of the Madras High Court dismissed a writ appeal challenging the Government's order to maintain State-wise seniority for appointment as Lab Technicians instead of District-wise seniority.
No Costs. The connected Miscellaneous Petition is closed.
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W.A(MD)No.367 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.04.2024
CORAM
JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI
W.A(MD) No.367 of 2015 and M.P(MD)No.1 of 2015
Maruthuva Aaivaga Nuthunar Munnetra Sangam(CMLT), No.1/303, Vaikai10th Cross Street, Srinagar, Iyer Bungalow, Madurai – 17, Rep. by its President, S.Balamurugan ... Appellant/Petitioner
Vs.
1.The State of Tamilnadu, Rep. by its Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai.
2.The Director, Director of Medical Education, Kilpauk, Chennai.
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3.The Director, Director of Medical and Rural Health Services, DMS Campus, Thenampettai, Chennai.
W.A(MD)No.367 of 2015
4.The Director(ESI), Director of Medical and Rural Health Services, DMS Campus, Thenampettai, Chennai.
Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order
made in W.P(MD)No.4075 of 2010, dated 10.03.2015.
For Appellant :Mr.D.Selvanayagam For Respondents :Mr.R.Baskaran, Additional Advocate General, assisted by Mr.N.Muthu Vijayan, Special Government Pleader
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W.A(MD)No.367 of 2015
JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
This writ appeal is directed against the order of a learned Single Judge in W.P(MD)No.4075 of 2010, dated 10.03.2015.
a) In the field of Medical Laboratory Technician, up to the academic year 1992 – 1993, there was only a One Year Certificate Programme and those who have successfully completed the Certificate Course were appointed as Lab Technicians.
b) While so, on 23.07.1993, the Government came out with two executive orders in G.O.Ms.No.1048 and 1049 both of Health and Family Welfare Department. Vide G.O.Ms.No.1048, the Government declares
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W.A(MD)No.367 of 2015
that pursuant to the request made by the Tamil Nadu Medical Laboratory Technicians Association, the Laboratory Technician Course was upgraded to Two Year Diploma Course and this would imply that the one year Certificate Programme which was hitherto in vogue has come to an end. Vide G.O.Ms.No.1049, the Government had directed the Director of Medical Education to provide the window for the qualified in-service Lab Technicians who had passed the Certificate Programme to upgrade their qualification by joining the Diploma Course. This in essence satisfies the need to negotiate with the inservice certificate holders for better career prospects. What the said G.O., underscores is that the Government is keen only to upgrade the educational qualification.
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W.A(MD)No.367 of 2015
have completed the Certificate Programme, the Government had also created the Grade III Lab Technician posts for which the qualification prescribed is only a Certificate Programme.
d) It is in this backdrop, the Government came up with G.O.Ms.No.39 Health and Family Welfare Department (C2) Department, dated 05.02.2007. Vide this G.O., certain amendments were brought in ‘ Special Rules for the Tamil Nadu Medical Subordinate Service’ . In this, the penultimate paragraph is critical and it reads as below.
‘A Diploma in Medical Laboratory Technology Course (two years duration) conducted by the King Institute of Preventive Medicine or from any other institution recognized by the Government of Tamil Nadu for his purpose. Provided that, if candidates with the above qualification are not available than candidates with Certificate in Medical Laboratory Technology (one year) duration conducted by the Institution recognized by the Government of Tamil Nadu for this purpose may be appointed.’
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e)
W.A(MD)No.367 of 2015 e) The validity of the G.O., came to be challenged by some of those who have completed the Certificate Programme in a batch of writ petition in W.P(MD)No.18237 of 2007. Vide his order dated 23.10.2007, the learned Single Judge of this Court upheld the legality of G.O.Ms.No.39 and proceeded to observe that the intent behind the G.O., is to prefer the Diploma Holders for the Post of Lab Technician Grade II and if there is any vacancy, that must be filled up with the One Year Certificate Holders. The Court has also noted that at the time of pronouncing its orders, there were 442 vacancies in the Post of Lab Technician Grade II, of which, 332 candidates have possessed their Two Year Diploma Programme and only 110 posts were remained vacant. The Court directed that the certificate holders in Lab Technician may be used to fill up in the rest of the vacancy. Subsequently, the Government came up with G.O.Ms.No.22 of the same Department, dated 29.01.2010. Vide this G.O., the Government directed maintaining of State-wise Seniority instead of District-Wise Seniority. This G.O.22 came to be challenged in the present writ petition.
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W.A(MD)No.367 of 2015
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W.A(MD)No.367 of 2015
equity envisaged under Article 16 of the Constitution of India ends. To state it differently, the right to apply for public employment does not extend to the extent of requiring one’s appointment to a specific post. Thus G.O.Ms.No.22 operates in a limited space and the opportunity to the members of the appellant society is not snatched in any other way.
(N.S.S., J.) (P.V.M., J.) 23.04.2024
NCC : Yes/No Index : Yes/No PM
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W.A(MD)No.367 of 2015
To
1.The Secretary to Government, State of Tamilnadu, Health & Family Welfare Department, Fort St. George, Chennai.
2.The Director, Director of Medical Education, Kilpauk, Chennai.
3.The Director, Director of Medical and Rural Health Services, DMS Campus, Thenampettai, Chennai.
4.The Director(ESI), Director of Medical and Rural Health Services, DMS Campus, Thenampettai, Chennai.
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W.A(MD)No.367 of 2015
N. SESHASAYEE, J. and P.VADAMALAI, J.
PM
W.A.(MD) No.367 of 2015
23.04.2024
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3 issues framed by the court
Whether the Government's decision to maintain State-wise seniority for Lab Technician posts is legally sustainable.
Whether maintaining State-wise seniority infringes upon the right of employees to apply for public employment under Article 14.
Whether the opportunity to apply for posts remains despite the shift from District-wise to State-wise seniority.
Maruthuva Aaivaga Nuthunar Munnetra Sangam (CMLT)
The State of Tamilnadu
N. Seshasayee
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
