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2015 Supreme(Mad) 1523
HIGH COURT OF JUDICATURE AT MADRAS
V. RAMASUBRAMANIAN, J.
Tamilnadu Health Inspectors Association rep. by State Vice President S.Sivaguru & Others – Appellant
Vs.
State of Tamil Nadu, rep. by Secretary to Government, Health & Family Welfare & Others – Respondent
Writ Petition Nos. 21058 & 25867 of 2007, 14827 of 2008 & 22182, 22496 & 24665 of 2011 & All Connected Pending MPs.
Decided On : 08-04-2015
For the Petitioners:Nalini Chidambaram, SC for C. Uma, M. Gnanasekar, G. Sankaran, S. Ilamvaludhi, Advocates.
For the Respondents:R4, N.G.R. Prasad for M/s. Row & Reddy, R5 to R8, K. Selvaraj, R9 to R12, S.M. Subramaniam, R13 to R15, V. Raghavachari, Advocates.
The main legal point established in the judgment is the validity of Government Orders in relaxation of the Rules and the qualifications required for appointment as Food Safety Officers under the Food Safety and Standards Act, 2006.
Headnote:
Health Scheme - Multi Purpose Health Scheme - G.O.Ms.No.1936, G.O.Ms.No.1507, G.O.Ms.No.4, G.O.Ms.No.216, Food Safety and Standards Act, 2006 - The court discussed the implementation of the Multi Purpose Health Scheme, appointment of Health Inspectors, and the appointment of Food Safety Officers under the Food Safety and Standards Act, 2006. The court analyzed the provisions of the Acts and the Rules, the power of relaxation, and the qualifications required for appointment as Food Safety Officers.
Fact of the Case:
The case involved the implementation of the Multi Purpose Health Scheme, appointment of Health Inspectors, and the appointment of Food Safety Officers under the Food Safety and Standards Act, 2006.
Finding of the Court:
The court found that the appointment of Health Inspectors and Food Safety Officers was in accordance with the relevant rules and regulations. The court dismissed the writ petitions challenging the Government Orders related to the appointment of Health Inspectors and the cancellation of appointment as Food Safety Officers.
Issues: The issues involved the validity of Government Orders related to the appointment of Health Inspectors and the cancellation of appointment as Food Safety Officers.
Ratio Decidendi: The court held that the Government Orders were passed in relaxation of the Rules and were not violative of the Rules. The court also found that the appointment as Food Safety Officers was doubtful and did not meet the qualifications prescribed by the Food Safety and Standards Act, 2006.
Final Decision: All the writ petitions were dismissed by the court.
1. A scheme known as Multi Purpose Health Scheme was introduced in the State of Tamil Nadu, way back in 1982 under G.O.Ms.No.1936 dated 29.9.1982. For implementation of the Scheme, various posts of multi purpose health workers were created. In order to regulate the terms and conditions of their services, the Government issued G.O.Ms.No.1507 Health & Family Welfare Department dated 16.8.1989, prescribing the method of appointment, appointing authority, qualifications, pay, etc., for the posts of Multi Purpose Health Assistant, Multi Purpose Health Workers (Female), Multi Purpose Health Supervisors and Sector Health Nurse. Under the aforesaid Rules, issued in exercise of the power conferred by the Proviso to Article 309, the post of Multi Purpose Health Assistant was to constitute a distinct category in Class II and the other three posts are to constitute distinct categories in Class I of the Tamil Nadu Health Subordinate Service.
2. The said Government Order was amended by G.O.Ms.No.4, Health & Family Welfare dated 4.1.1993. By the said amendment, Basic Health Workers, Vaccinators or Cholera Workers and Multi Purpose Health Assistants with experience of a period not more than five years were stipulated for appointment.
3. After the issue of the Rules, an association by name Multi Purpose Health Assistant Trainees Association filed an application in O.A.No.6900 of 1995 on the file of the Tamil Nadu Administrative Tribunal, seeking a direction to appoint the members of their association, to the post of Multi Purpose Health Assistant, which was subsequently to be re-designated as Health Inspector Grade III. The said application was disposed of by the Tribunal by an an order dated 26.2.1997 with a direction to the respondents to consider the cases of the petitioners as and when vacancies arose, by relaxation of the Rules wherever necessary.
4. In the meantime, the Lab Assistants and Field Assistants made representations for promotion to the post of Health Inspector Grade I, upon completion of ten years of service. Their representations were recommended by the Director of Public Health and Preventive Medicine for favourable consideration, subject to certain terms and conditions.
5. On the basis of the representations, the Government passed a Government Order in G.O.Ms.No.216 Health & Family Welfare dated 12.6.2007, permitting the Director of Public Health to impart training to 470 Lab Assistants, who had completed ten years of service, for the purpose of appointing them in a phased manner as Health Inspectors Grade I.
6. Challenging the said Government Order in G.O.Ms.No.216 dated 12.6.2007, the Tamil Nadu Health Inspectors Association filed the first writ petition in W.P.No.21058 of 2007. The said writ petition was admitted on 21.6.2007. Subsequently, another person by name T.Ravimohan, working as Multi Purpose Health Assistant/Health Inspector Grade II, came up with a writ petition in W.P.No.25867 of 2007, challenging the Government Order in G.O.Ms.No.216. This writ petition was admitted on 27.11.2007.
7. During the pendency of the above two writ petitions, the Tamil Nadu Anti Malaria Field cum Lab Assistants Association came up with a writ petition in W.P.No.14827 of 2008 for a Mandamus to direct the Government to implement G.O.Ms.No.216 dated 12.6.2007. This writ petition was also admitted on 27.6.2008 and was directed to be tagged along with the first two writ petitions.
8. In the meantime, the Parliament enacted the Food Safety and Standards Act, 2006 and various provisions of the Act came into force on various dates from 15.10.2007 to 31.7.2009. The enforcement of the provisions of the Act was entrusted with officers known as Food Safety Officers, to be appointed under Section 37 of the Act.
9. Therefore, in accordance with the provisions of the Act, the Director of Public Health and Preventive Medicine sent a batch of Health Inspectors to undergo training in food analysis, from February 2011. After the completion of training
