T.Radha Vs Government of Tamilnadu

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W.P.Nos.19533 to 19541 of 2008

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 19.03.2025

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Coram:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.Nos.19533 to 19541 of 2008 and M.P.No.1 of 2008 in W.P.Nos.19533, 19535, 19436, 19539, 19540 & 19541 of 2008 and M.P.No.2 of 2008 in W.P.Nos.19534, 19537 & 19538 of 2008

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T.Radha S.Subramanian V.Baskaran P.Sivasakthi A.Govindaraj G.Sundarvel P.Baskaran A.Balamurugan

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C.Asokan

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...Petitioner in W.P.No.19533 of 2008 ...Petitioner in W.P.No.19534 of 2008 ...Petitioner in W.P.No.19535 of 2008 ...Petitioner in W.P.No.19536 of 2008 ...Petitioner in W.P.No.19537 of 2008 ...Petitioner in W.P.No.19538 of 2008 ...Petitioner in W.P.No.19539 of 2008 ...Petitioner in W.P.No.19540 of 2008 ...Petitioner in W.P.No.19541 of 2008

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Versus

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1.Government of Tamil Nadu Rep. by Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai – 600 009.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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2.The Director of Public Health and Preventive Medicine, Chennai – 600 006.

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...Respondents in all W.Ps

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Prayer in W.P.No.19533 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-1 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19534 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-4 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19535 of 2008:

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-5 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19536 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-6 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19537 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-7 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19538 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-8 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19539 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08-9 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19540 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the 4/13

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08 dated 19.06.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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Prayer in W.P.No.19541 of 2008:

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.47723/Pa.No.1/Iru.1/08 dated 15.07.2008 quash the same and to issue consequential directions to the first respondent to consider the claim of the petitioner for appointment as Health Inspector, Grade – II in the light of his representation dated 06.02.2008 and pass appropriate orders for deputing him for six months training and appointing him as such.

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For Petitioner in all W.Ps : Mr.M.Ravi For Respondents in all W.Ps : Mr.K.Tippusulthan, Government Advocate

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COMMON ORDER

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By this Common Order, all these Writ Petitions are being disposed of.

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The relief sought in these Writ Petitions is to quash the Orders dated

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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19.06.2008 issued to the Petitioner(s) in W.P.Nos.19533 to 19540 of 2008 respectively and Order dated 15.07.2008 issued to the Petitioner in W.P.No.19541 of 2008 (hereinafter referred to as “Impugned Orders”) by the 2^nd Respondent and to issue direction to the 1^st Respondent to consider the claim of the Petitioner(s) for appointment as Health Inspector, Grade – II in the light of their respective Representation dated 06.02.2008 and pass appropriate orders for deputing them for six months training and appointing them as Health Inspectors, Grade – II.

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Today, when these Writ Petitions were taken up for hearing, the

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learned counsel for the Petitioner(s) submitted that he has no clear instructions from the Petitioner(s).

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The learned Government Advocate for the Respondents submitted that since the Petitioner in W.P.Nos.19533, 19534, 19535, 19536, 19539 & 19540 of 2008 viz., T.Radha, S.Subramanian, V.Baskaran, P.Sivasakthi, P.Baskaran & A.Balamurugan had completed their 10^th Standard and had also successfully completed the six months Multipurpose Health Worker (Male) Training Course prescribed in G.O.Ms.No.39 Health and Family

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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Welfare (N1) Department dated 01.02.2008, they were promoted as Health Inspector, Grade – II in the year 2011.

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3.1. It is submitted that the Petitioner in W.P.Nos.19533, 19535, 19539 & 19540 of 2008 viz., T.Radha, V.Baskaran, P.Baskaran & A.Balamurugan retired from service and the Petitioner in W.P.No.19534 of 2008 viz., S.Subramanian is still in service as Health Inspector, Grade – II.

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3.2. The learned Government Advocate for the Respondents further submitted that since the Petitioner in W.P.Nos.19537, 19538 & 19541 of 2008 viz., A.Govindaraj, G.Sundarvel & C.Asokan did not undergo the six months Multipurpose Health Worker (Male) Training Course in terms of G.O.Ms.No.39 Health and Family Welfare (N1) Department dated 01.02.2008, they were not promoted to the post of Health Inspector, Grade - II and they retired from service as Male Nursing Assistant.

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3.3. It is also submitted by the learned Government Advocate for the Respondents that the Petitioner in W.P.No.19536 of 2008 viz., P.Sivasakthi died during the pendency of W.P.No.19536 of 2008.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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Heard the learned counsel for the Petitioner and the learned

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Government Advocate for the Respondents.

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From a perusal of the materials available on record, it is seen that prior to the filing of these Writ Petitions, the Petitioner(s) had filed two Writ Petitions in W.P.Nos.8771 & 8772 of 2008 before this Court praying to issue a direction to the Respondents therein to consider their claim for appointment as Health Inspectors, Grade II by granting necessary relaxation and appoint them as such on completion of the prescribed training.

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This Court vide Common Order dated 10.04.2008, disposed of the

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W.P.Nos.8771 & 8772 of 2008 with the following observation:

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“4. Considering the said submission of the counsel for both sides, without going into the merits of the case, the petitioners are permitted to send a copy of the representation dated 06.02.2008 to the first respondent by registered post with acknowledgement due within a period of two weeks from today and on receipt of the same, the first respondent is directed to pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

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5. With the above direction, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.”

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Pursuant to the aforesaid Order dated 10.04.2008 of this Court, the

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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2^nd Respondent has issued the Impugned Orders dated 19.06.2008, rejecting the Representation dated 06.02.2008 of the Petitioner(s). Hence, these Writ Petitions.

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It is to be noted that in the Common Order dated 10.04.2008 passed by this Court in W.P.Nos.8771 & 8772 of 2008, direction was issued to the 1^st Respondent to consider the Petitioner(s)' Representation dated 06.02.2008 and pass orders and not to the 2^nd Respondent.

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While so, the Impugned Orders dated 19.06.2008 rejecting the Representation of the Petitioner(s) was passed by the 2^nd Respondent which is contrary to the directions issued by this Court in the Common Order dated 10.04.2008 while disposing of W.P.Nos.8771 & 8772 of 2008.

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The 2^nd Respondent is an incompetent authority to exercise powers under Tamil Nadu State & Subordinate Service Rules and to pass the Impugned Orders dated 19.06.2008 on the Petitioner(s)' Representation. Hence, it was incumbent on part of the 2^nd Respondent to forward the Representation dated 06.02.2008 of the Petitioners viz., A.Govindaraj,

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.19533 to 19541 of 2008

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G.Sundarvel & C.Asokan who retired from service as Male Nursing Assistant, to the 1^st Respondent for passing suitable orders.

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Since the Petitioner in W.P.Nos.19533, 19534, 19535, 19539 & 19540 of 2008 viz., T.Radha, S.Subramanian, V.Baskaran, P.Baskaran & A.Balamurugan were promoted as Health Inspector, Grade – II in the year 2011, the relief sought in W.P.Nos.19533, 19534, 19535, 19539 & 19540 of 2008 has become infructuous. Therefore, W.P.Nos.19533, 19534, 19535, 19539 & 19540 of 2008 are dismissed as infructuous .

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As far as W.P.No.19536 of 2008 is concerned, the Petitioner viz., P.Sivasakthi was promoted as Health Inspector, Grade – II in the year 2011 and the Petitioner had also died during the pendency of W.P.No.19536 of 2008. Hence, W.P.No.19536 of 2008 is dismissed as abated .

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So far as W.P.Nos.19537, 19538 & 19541 of 2008 are concerned, taking note of the fact that the Petitioners viz., A.Govindaraj, G.Sundarvel & C.Asokan had retired from service as Male Nursing Assistants, the 2^nd Respondent is directed to forward a copy of the Representation dated

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W.P.Nos.19533 to 19541 of 2008

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06.02.2008 of the respective Petitioners viz., A.Govindaraj, G.Sundarvel & C.Asokan to the 1^st Respondent for passing suitable orders. Upon receipt of the copies of said Representation, the 1^st Respondent shall consider the same in the light of the Tamil Nadu State & Subordinate Service Rules and pass suitable orders, within a period of three months from the date of receipt of a copy of this order.

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