T. Rajila Vs the Director of Public Health — Writ and Judicial Review | Madras HC (2025)

T. Rajila Vs the Director of Public Health — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the post of Village Health Nurse (Female)/Village Health Nurse should be included among the posts eligible for promotion to Entomological Assistant (relief sought in both writ petitions via Certiorarified Mandamus). +1 more

Ratio / Principle

This Court dismissed both writ petitions without adjudicating their merits because the same relief was already the subject of W.P.(MD)No.17473 of 2020 (dismissed by order dated 22.02.2024) and the pending writ appeal W.A.(MD)No.1546 of 2024, in which interim stay was refused; the petitioner is at liberty to raise all the grounds in that writ appeal.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S. Srimathy, J. — 06.03.2025 — W.P.(MD)Nos.9101 of 2009 and 1563 of 2017 (with M.P.(MD)No.2 of 2009 and W.M.P.(MD)No.1261 of 2017). T. Ranjila filed two writ petitions under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus: in W.P.(MD)No.9101 of 2009, to quash the circular of the Director of Public Health and Preventive Medicine vide R.No.65783/E2/S2/09, dated 02.07.2009, and to direct inclusion of the post of Village Health Nurse in the promotion list to Entomological Assistant; in W.P.(MD)No.1563 of 2017, to quash G.O.Ms.No.491, Health and Family Welfare Department, dated 27.09.1996, and the notification vide R.S.No.102700/E2/S2/16, dated 10.12.2016, and to include the post of Village Health Nurse (Female) in the promotional post of Entomological Assistant. The Court recorded that the same relief had already been sought in W.P.(MD)No.17473 of 2020, which was dismissed by order dated 22.02.2024, and that the petitioner had filed writ appeal W.A.(MD)No.1546 of 2024, in which interim stay was not granted. On that basis, without adjudicating the merits, both writ petitions were dismissed; the petitioner was left at liberty to raise all grounds in the pending writ appeal. Connected miscellaneous petitions were closed; no costs.

W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.03.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD).Nos.9101 of 2009 and 1563 of 2017, M.P.(MD)No.2 of 2009 and W.M.P.(MD)No.1261 of 2017

W.P.(MD).No.9101 of 2009:

T.Ranjila

... Petitioner

Vs.

1.The Director of Public Health and Preventive Medicine, Chennai-6.

2.The Deputy Director of Health Services, Nagercoil, Kanyakumari District. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the circular of the 1^st respondent, vide R.No.65783/E2/S2/09, dated 02.07.2009, to quash the same and consequently, to direct the 1^st respondent to include the post of Village Health Nurse also in the list of promotion to the post of Entomological Assistant.

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W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

W.P.(MD).No.1563 of 2017:

T.Ranjila

... Petitioner

Vs.

1.The Secretary to Government, Health and Family Welfare Department, St.George Fort, Chennai.

2.The Director of Public Health and Preventive Medicine, Chennai-6.

3.The Deputy Director of Health Services, Nagercoil, Kanyakumari District.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of G.O.Ms.No.491, Health and Family Welfare Department, dated 27.09.1996 issued by the 1st respondent and the notification vide R.S.No. 102700/E2/S2/16, dated 10.12.2016, issued by the 2^nd respondent, to quash the same and consequently, to direct the respondents to include the post of Village Health Nurse (Female) to the promotional post of Entomological Assistant.

In both cases:

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.S.Saji Bino Special Government Pleader *****

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W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

COMMON ORDER

The present writ petitions are filed for issuance of Writ of Certiorarified Mandamus, challenging the promotional panel as well as the notification.

2.However, it is brought to the knowledge of this Court that for the same relief, already a writ petition in W.P.(MD)No.17473 of 2020 was filed and the same was dismissed, vide order, dated 22.02.2024. Aggrieved over the same, the writ petitioner had preferred a writ appeal in W.A.(MD)No.1546 of 2024 and interim stay was not granted in the said writ appeal. The writ petitioner is at liberty to raise all the grounds in that writ appeal.

3.Hence, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

06.03.2025

NCC : Yes/No Index : Yes / No Internet : Yes/ No

Tmg

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W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

To

1.The Secretary to Government, Health and Family Welfare Department, St.George Fort, Chennai.

2.The Director of Public Health and Preventive Medicine,

Chennai-6.

3.The Deputy Director of Health Services, Nagercoil, Kanyakumari District.

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W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

S.SRIMATHY, J.

Tmg

W.P.(MD).Nos.9101 of 2009 and 1563 of 2017

06.03.2025

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