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2010 Supreme(Mad) 3001

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN
S. Sivaguru & Others
Versus
State of Tamil Nadu Rep. by Secretary to Government Health and Family Welfare Department, Chennai & Another
W.P.NOS.23893 OF 2006, 34401 OF 2007, 8339, 12654, 14592, 17578, 25844 AND 27982 OF 2008 & W.A. NO.312 OF 2008 & CONNECTED MISCELLANEOUS PETITIONS
Decided On : 23-07-2010

Advocates Appeared:
For the Petitioners:M. Gnanasekar, Advocate, Mrs. Nalini Chidambaram, Senior Counsel for Ms. C. Uma, V. Raghavachari, S. Silambanan, Senior Counsel for M/s. Silambanan & Associates, Advocates.
For the Respondents:S. Naganathan, Government Advocate, G. Sankaran, Special Government Pleader, R. Thiyagarajan, Senior Counsel for S.M. Subramaniam, Advocate.

Headnote:

Leprosy Eradication Programme - Integration of Employees - G.O.(Ms).No.320, Health and Family Welfare (G-1) Department, dated 27.06.1997 - Summary of Acts and Sections: The judgment discusses the integration of employees from the Leprosy Eradication Programme into the Multi Purpose Health Worker Scheme, referencing G.O.(Ms).No.320, Health and Family Welfare (G-1) Department, dated 27.06.1997. It highlights the disputes relating to inter-se seniority and the re-designation of employees, as well as the scales of pay and promotions of different categories of staff.

Fact of the Case:

The successful eradication of Leprosy by the National Leprosy Eradication Programme made the services of the employees redundant, leading to disputes relating to inter-se seniority between the serving employees and the integrated employees in the Multi Purpose Health Worker Scheme.

Finding of the Court:

The court analyzed the integration of employees, re-designation, scales of pay, and promotions, and found that the Leprosy Inspectors should have been absorbed as Health Inspectors Grade – I and re-designated as Health Inspectors Grade – IB, and that they should have been paid the scale of pay of Rs.1350-2200 since both were discharging the same/similar duties after integration into Public Health Services.

Issues: The main issues revolved around the re-designation of Leprosy Inspectors, their scales of pay, and the denial of promotions based on the possession of certificates.

Ratio Decidendi: The court held that the Leprosy Inspectors should have been re-designated as Health Inspectors Grade – I with the scale of Rs.1350 – 2200 from the date of integration and entitled to be granted the scale of Rs.4500-7000 when the Health Inspectors Grade – I were granted with all consequential benefits.

Final Decision: The writ petitions in W.P.Nos.8339, 12654, 14592, 17578, 25844 and 27982 of 2008 and the writ appeal in W.A.No.312 of 2008 stand allowed, while the writ petitions in W.P.Nos.23893 of 2006 and 34401 of 2007 stand dismissed.

Judgment :-

D.HARIPARANTHAMAN, J.

1. Successful eradication of Leprosy by the National Leprosy Eradication Programme (NLEP) made the services of the employees in the National Leprosy Eradication Programme redundant, leading to integration of those employees into Multi Purpose Health Worker Scheme, which, in turn, led to disputes relating to inter-se seniority between the serving employees and the integrated employees in the said Scheme by way of these writ petitions.

.2. Para1 of the Government Order in G.O.(Ms).No.320, Health and Family Welfare (G-1) Department, dated 27.06.1997 gives the reason for integration and the same is extracted hereunder:

."The National Leprosy Eradication Programme is in operation in Tamil Nadu from 1955. With the introduction of the Multi Drug Therapy (MDT) comprising three drugs, DAPSONE, RIFAMPCIN and CLOFAZIMINE, incidence of leprosy has been brought down considerably. Tamil Nadu has done a commendable work in the leprosy control Programme over the years. The prevalence of leprosy in Tamil Nadu was 118 per 10,000 in 1983 which has been reduced to 7 per 10,000. The reduction in prevalence rate for the last two years is not very significant. Recently, India hosted an International Meet on Eradication of leprosy, and the Prime Minister has set a goal that the leprosy should be eradicated from India by 2000 A.D. The IWHO has also taken similar efforts globally. The eradication of leprosy means bringing down the prevalence rate to 1 per 10,000."

3. In those circumstances, the Government of India suggested integration of Leprosy services with General Health services. Accordingly, integration took place by absorbing the employees employed in Leprosy Eradication Programme under the control of Director of Medical Services into General Health Services under the control of Director of Public Health and Preventive Medicine.

.4. Oneof the categories of employees absorbed in Public Health Services were the Leprosy Inspectors. On transfer to the Directorate of Public Health and Preventive Medicine, the Leprosy Inspectors were re-designated as Health Inspectors Grade – IB as per the aforesaid G.O.Ms.No.320. Then prevailing scale of pay of Rs.1200-30-1560-40-2040 of Leprosy Inspectors was protected in their re-designated post. The Health Inspectors Grade – I, who were already serving in the Public Health Services under the control of Director of Public Health and Preventive Medicine were re-designated as Health Inspectors Grade–1A and their scale of pay was fixed as Rs.1350-30-1440-40-1800-50-2200. As per G.O.Ms.No.320, referred to above, the Health Inspectors Grade – IB were to attend and undertake various Public Health activities as per the job chart provided for Health Inspector Grade – IA, in addition to Leprosy control work and similarly, the Health Inspectors Grade – IA and Grade – II were to attend Leprosy control work apart from their existing duties after necessary training. That is, on transfer to Public Health Services, the duties and responsibilities of the Health Inspector Grade – IA and Grade – IB were similar and identical. As per the aforesaid G.O.Ms.No.320, the process of integration, placement of various categories of Staff were to be completed before 31.07.1997 and accordingly, the absorption took place from 01.08.1997.

5. The grievance of the absorbed Health Inspectors Grade – IB, i.e. the erstwhile Leprosy Inspectors, is that they should have been absorbed as Health Inspectors Grade – I and there was no necessity to re-designate them as Health Inspectors Grade – IB and to re-designate the already serving Health Inspectors Grade – I as Health Inspectors Grade – IA and that they should have also been paid the scale of pay of Rs.1350-2200 since both were discharging the same / similar duties after integration into Public Health Services. The Health Inspectors Grade – IB were demanding parity with Health Inspectors Grade – IA from the date of their absorption. Though their scale of pay wa











































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