IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, K. KUMARESH BABU, JJ.
Selvaraj & Others - Appellants
Versus
Dr. Beela Rajesh, I.A.S, Secretary to Government, Health & Family Welfare Department, Chennai & Others - Respondents
Sub Application Nos. 13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022, W.P. No. 29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022 & connected miscellaneous petitions Sub Application No. 13 of 2020 in Cont.P.No.1428 of 2013
Decided On : 28-03-2024
| Table of Content |
|---|
| 1. combined hearing of interconnected cases (Para 1 , 2) |
| 2. background of redesignation and promotions (Para 3 , 4 , 5 , 6 , 7) |
| 3. direction from the division bench regarding promotions (Para 9 , 10 , 11) |
| 4. urgency of resolving long-standing seniority disputes. (Para 18) |
| 5. qualification requirements at appointment (Para 34 , 35 , 36 , 37 , 38) |
| 6. clarification regarding the integration of roles and seniority. (Para 44) |
| 7. order for combined seniority list and its implications (Para 46 , 47 , 48) |
| 8. the necessity for adherence to prior judicial orders in promoting personnel. (Para 60) |
| 9. dismissal of writ petitions and final order (Para 72 , 73) |
ORDER :
R. Suresh Kumar, J.
(Prayer: Petition filed Section 151 of the Code of Civil Procedure praying to reopen the Contempt Petition No.998 of 2014 dated 14.03.2016 on the file of this Court.
Petition filed Section 151 of the Code of Civil Procedure praying to grant leave to the petitioner to file the Sub Application to revive the Contempt Petition No.1542 of 2015 dated 14.03.2016 so as to punish the 2nd and 3rd respondents for having committed contempt of this Court in W.P.No.2998 of 2008 dated 23.09.2011.
Petition filed Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobeying the order made in W.P.No.8339 of 2008 dated 23.07.2010.
Petition filed Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for having committed Contempt of Court of the orders and directions dated 23.07.2010 in W.P.No.12654 of 2008 batch, as confirmed in C.A.Nos.4483-4485 of 2013 batch on 07.05.2013.
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent proceedings (i) R.No.3273657 /MP2 /S1 / 2022 dated 30/09/2022, (ii) Proceeding Na.Ka. No.3292011 /MP4/S3/2022 dated 30/09/2022, (iii) Proceeding R.No.3273657 /MP2/S1/2022 dated 20/10/2022, (iv) Proceeding R.No.3273657 /MP2 /S1/2022 dated 25/10/2022 and (v) Proceeding Na.Ka.No.6300/MP2/2022 dated 28/10/2022, quash the same and direct the respondents to promote the regularise the services of the writ petitioners in the post of Health Inspector Grade I with effect from their respective dates of initial entry into service and to grant all consequential benefits including retrospective promotion ad empanelment as Block Health Supervisors and all consequential service and monetary benefits by extending the benefits of the judgment dated 13/07/2007 in W.P.No.29794/2005 and batch of cases which is confirmed by the Hon'ble Supreme Court of India dated 25.02.2015 in Civil Appeal No.6660/2011 and batch of cases.
Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the entire records relating to the impugned proceedings passed in Na.Ka.No.3292011/ Pano4/iru 3/2022 dated 30.09.2022 and impugned proceedings in R.No.3273657/MP2/S1/ 2022 dated 30.09.2022, 20.10.2022 & 25.10.2022 on the file of the 2nd respondent quash the same.)
1. Since the issue involved in the Sub Applications in Contempt Petition, Contempt Petitions as well as the writ petitions is one and the same or interconnected with each other, these writ petitions were tagged along with the said Sub Application for the combined hearing, accordingly, with the consent of the learned counsels appearing for both sides, these cases are heard together and are disposed of by this common order.
2. Infact the litigation pertain to the subject started with effect from 1997, where the Government had come forward to issue a Government Order in G.O.Ms.No.320 to redesignate the Leprosy Inspector appointed and working into Health Inspector. In this regard, writ petition was filed, thereafter the matter has gone to the Division Bench in the Writ Appeal and ultimately had gone to the Supreme Court in Special Leave Petition, where in the Civil Appeal in C.A.No.4483
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