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2023 Supreme(Mad) 801

HIGH COURT OF JUDICATURE AT MADRAS
P.D. AUDIKESAVALU, J.
P.E. Saravanan & Others - Appellants
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Health & Family Welfare Department, Chennai & Others - Respondents
W.P. Nos. 25671, 25675 & 26518 of 2021 & 272 & 19996 of 2022 & 803, 832, 7306 & 7372 of 2023 & W.M.P. Nos. 27109, 27110, 27116 & 27117 of 2021 & W.M.P. Nos. 296, 298, 8686, 8692, 19291 and 23726 of 2022 & W.M.P. Nos. 751, 752, 754, 804, 805, 806, 7391, 7390, 7395, 7397, 7456, 7457 & 7459 of 2023
Decided On : 17-03-2023

Advocates appeared:
For the Petitioners:Nalini Chidambaram, Senior Counsel, C. Uma, G. Sankaran, Senior Counsel, S. Nedunchezhiyan, Advocate. For the Respondents:R1 to R4, B. Vijay, Additional Government Pleader, R3, M. Loganathan, Advocate, R5, No Appearance.

The court emphasized that the Petitioners cannot claim a right for permanent absorption in the post of Health Inspector Grade II and that the court cannot issue immediate directions for inclusion of qualifications or filling up of vacancies without following the prescribed procedures and amendments.

Headnote:

Writ Petition - Appointment Orders - Sanitation Diploma - G.O.Ms.No. 338, Health and Family Welfare Department dated 02.08.2019 - The court dismissed the Writ Petitions seeking permanent appointment orders for candidates with a one-year Diploma in Sanitation from Pondicherry University Community College who were temporarily engaged as Health Inspector Grade II during the Covid pandemic. The court also addressed issues related to the inclusion of the Diploma in Sanitary Inspector course as an eligibility criterion for recruitment, filling up of sanctioned vacancies, non-payment of salary, and diversion of services of temporarily engaged Health Inspectors Grade II.

Fact of the Case:

The Writ Petitions sought permanent appointment orders for candidates with a one-year Diploma in Sanitation from Pondicherry University Community College who were temporarily engaged as Health Inspector Grade II during the Covid pandemic. The Petitioners also sought inclusion of the Diploma in Sanitary Inspector course as an eligibility criterion for recruitment, filling up of sanctioned vacancies, non-payment of salary, and diversion of services of temporarily engaged Health Inspectors Grade II.

Finding of the Court:

The court dismissed the Writ Petitions, stating that the Petitioners cannot claim a right for permanent absorption in the post of Health Inspector Grade II. The court also held that it cannot issue a direction for the inclusion of the Diploma in Sanitary Inspector course as an eligibility criterion or immediate filling up of vacancies without carrying out proposed amendments to the eligibility conditions. The court also addressed the non-payment of salary and diversion of services of temporarily engaged Health Inspectors Grade II.

Issues: The issues included the entitlement of temporarily engaged Health Inspector Grade II candidates to permanent absorption, inclusion of the Diploma in Sanitary Inspector course as an eligibility criterion, filling up of sanctioned vacancies, non-payment of salary, and diversion of services of temporarily engaged Health Inspectors Grade II.

Ratio Decidendi: The court held that the Petitioners cannot claim a right for permanent absorption in the post of Health Inspector Grade II. It also stated that it cannot issue a direction for the inclusion of the Diploma in Sanitary Inspector course as an eligibility criterion or immediate filling up of vacancies without carrying out proposed amendments to the eligibility conditions. The court also addressed the non-payment of salary and diversion of services of temporarily engaged Health Inspectors Grade II.

Final Decision: The court dismissed all the Writ Petitions and closed the connected Miscellaneous Petitions without costs.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to issue appointment orders on permanent basis to candidates with one year Diploma in Sanitation from Pondicherry University Community College who were appointed on the 334 posts of Multi Purpose Health Workers sanctioned under G.O.Ms.No. 338, Health and Family Welfare (L1) Department dated 02.08.2019 and as Multi Purpose Health Worker during covid-19 pandemic on temporary basis.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent issue appropriate orders to recognize the Diploma in Sanitation Inspector (DSI) from Pondicherry University Community College for recruitment purposes in Tamil Nadu as in Pondicherry as requested by the Principal, Pondicherry University Community College, the Fifth Respondent herein, in his letter dated 23.09.2021 having Ref.No.PUCC/Aca/DSI/RR/2021-22 addressed to the Second Respondent.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to include the one year Diploma certificate in sanitation from Pondicherry University Community College as one of the eligible criteria for applying for the 2448 posts of Multipurpose Health Worker in the Health and Wellness Centres across the State of Tamil Nadu in the Annexure VI-A of the G.O.Ms.No.531, Health and Family Welfare (EAP II-2) Department dated 25.11.2021 issued by the First Respondent.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to implement G.O.Ms. No. 338, Health and Family Welfare Department dated 02.08.2019 to fill up the regular sanctioned vacancies to the post of Health Inspector Grade – II as per the qualification prescribed in the Government Order and consequently consider the Petitioners for selection for regular appointment to the sanctioned post of Health Inspector Grade-II based on the merit in the selection and based on the representation submitted by the Petitioners.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to pay the monthly salary of the Petitioners amounting to Rs. 20,000/- per month from February 2022 onwards and continue to pay the salary of the Petitioners who are working as Multipurpose Health Workers even as on date.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the Second Respondents in R.No.24974/Mp1/S1/2020 dated 03.01.2023 and to quash the same insofar as the Petitioners are concerned and consequently directing the Respondents to allow the Petitioners to continue to work as Health Inspector Grade-II in accordance with proceedings of Second Respondent in R.No.24974/MP1/S1/2020 dated 30.06.2021.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Third Respondent dated 03.01.2023 having Ref.No.R.No.24974/MP1/S1/2020 and quash the same and consequently issue direction to the Respondents to allow the Petitioners to continue to work in the present place as Multi Purpose Health Workers as per the interim order of status quo of this Hon''ble Court dated 06.12.2021 in W.M.P. Nos. 27110 and 27117 of 2021 in W.P. Nos. 25671 of 2021 and 25675 of 2021.

Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the Third

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