K.Sargunanathan Vs the Secretary to Government

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the 1st respondent to pass appropriate orders notifying regularization of services of the petitioner by fixing his time scale based on the recommendatory proceedings of the 3rd respondent dated 02.11.2020 in R. No 46630/ PHC -7 /A2/ 2019, addressed to the 1st respondent which is based on G.O.No. 299 dated 16.12.2016, by fixing the crucial date of appointment as 20.04.2012, within the time frame to be stipulated by this Court.

¶24

For Petitioner(s): Mr.T.S.Rajamohan For Respondent(s): Mr.K.Tippusulthan Government Advocate for R1, R3 Dr.T.Seenivasan Additional Government Pleader for R2, R4

¶25

Page2 of 6

¶26

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

¶27

WP No. 2869 of 2026

¶28

Mr.C.Selvaraj

¶29

Additional Government Pleader for R5

¶30

ORDER

¶31

This Writ Petition has been filed seeking to direct the first respondent to regularize the service of the petitioner based on G.O.No. 299 dated 16.12.2016, by fixing the crucial date of appointments of the petitioners on 20.04.2012 and 12.04.2012, respectively.

¶32

Mr.K.Tippusulthan, learned Government Advocate takes notice on behalf of the respondents 1 and 3. Dr.T.Seenivasan, learned Additional Government Pleader takes notice on behalf of the respondents 2 and 4, and Mr.C.Selvaraj, learned Additional Government Pleader takes notice on behalf of the fifth respondent. In view of the consent expressed by the learned counsel on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

¶33

The case of the petitioners is that the petitioners were appointed as Pharmacist on contract basis by virtue of proceedings dated 12.01.2011, with effect from 20.04.2012 and 12.04.2012, respectively. The grievance of the petitioners is that the services have not been regularized till date. Even though the third respondent had sent a communication dated 02.11.2020 in

¶34

__________ Page3 of 6

¶35

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

¶36

WP No. 2869 of 2026

¶37

R.No.46630/PHC-7/A2/2019 to the first respondent, acknowledging the fact that the employees, who were engaged as Pharmacist are required to be regularized through Medical Service Recruitment Board into time scale of pay,

¶38

on completion of two years of service. Thereafter, the petitioner made several representations, the latest being dated 05.07.2025. However, the same has not been considered till date. Therefore, the petitioner has preferred the present Writ Petition.

¶39

Learned Counsel appearing for the petitioners submit that it would suffice, if this Court issues a direction to the first respondent to consider the representations of the petitioners dated 05.07.2025, and pass appropriate orders, regularizing the service of the petitioners in accordance with G.O.Ms.No.299, Health and Family Welfare (EAPII-1) Department, dated 16.12.2016, within the time that may be stipulated by this Court.

¶40

On the above contention, this Court heard the learned counsel appearing for the respondent.

¶41

In view of the limited relief sought for by the petitioners, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioners’ representations dated 05.07.2025 on merits and pass appropriate orders on the same in accordance with law within a

¶42

Page4 of 6

¶43

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

¶44

WP No. 2869 of 2026

¶45

period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and any other interested parties.

¶46