Back
2025 Supreme(Mad) 2904
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Subramanian, G.Arul Murugan, JJ.
The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department and ors. - Appellants
Versus
S.Sureshsankar and ors. - Respondents
W.A.No. 829 of 2025 and C.M.P.No. 7072 of 2025
Decided On : 20-03-2025
Advocate Appeared:
For the Appellant : Ms. M.Sneha, Special Counsel
For the Respondent: Mr. V.Prakash, Senior Counsel, for Mr.N.U.Pressana
Government Order No. 335 entitles all Pharmacists appointed under the RBSK Scheme, regardless of their appointment method, to regularization after two years of service.
Headnote:
(A) Government Order No. 335 dated 12.11.2015 - Employment rights - The Government sanctioned 770 posts of Pharmacists under the RBSK Scheme, allowing consolidation of pay and potential regularization after two years - The order does not distinguish between Pharmacists appointed by the Medical Services Recruitment Board and those through outsourcing agencies. (Paras 4, 9)
(B) Writ of Mandamus - The court upheld the right of temporary contractual Pharmacists to be regularized upon completion of two years of service as per the provisions of G.O.Ms.No.335, rejecting the State's appeal. (Paras 4, 10)
Facts of the case:
The case involved the appointment of Pharmacists under the RBSK Scheme, where the Government issued an order for their recruitment through contractors at a consolidated pay of Rs.10,000/- per month. A writ petition was filed for their regularization based on G.O.Ms.No.335.
Findings of Court:
The court found that the Government Order conferred rights for regularization without distinction between appointment methods.
Issues: The main issue was whether G.O.Ms.No.335 applied only to Pharmacists appointed by the Medical Services Recruitment Board or included those engaged through outsourcing.
Ratio Decidendi: The court concluded that the Government Order did not differentiate between the two appointment methods, thus entitling all contracted Pharmacists to regularization.
Result: Writ Appeal dismissed.
JUDGMENT :
R.SUBRAMANIAN, J.
We do not see any reason to interfere with the order of the writ Court.
2.This case again, demonstrates the jugglery and unfair labour practice adopted by the Government of the day. There were certain posts of Pharmacists that were sanctioned under a scheme called Rashtriya Bal Swasthya Karyakram (hereinafter referred to as "RBSK"), scheme to be implemented through Central funds. The Government issued an order, directing the Director of Public Health and Preventive Medicine and Deputy Director of Medical and Rural Health Services to appoint Pharmacists under the said scheme on a consolidated pay of Rs.10,000/- per month by outsourcing through Contractors. Templates for the memorandum of understanding to be entered into by the outsourcing agency and the letter calling quotation for out sourcing Staff Nurses were also forwarded to the concerned Deputy Directors. This was done on 06.01.2015. Pursuant to that, at least 770 persons were appointed through Contractors as Pharmacists.
3. We are not for the purposes of the present case, examining the need or necessity for employing said people through Middlemen called Contractors. Thereafter, on 12.11.2015, the Government issued G.O.Ms.No.335. Paragraph 2 & 3 of the said Government Order reads as follows:-
"2. In his letter second read above, the Director of Public Health and Preventive Medicine has stated that the Mission Director, State Health Society has requested the Director of Public Health and Preventive Medicine to take necessary action to appoint the 770 posts of Pharmacist on contractual basis at Rs. 10,000/- per month, as per the existing rules and regulations in force. The Director also stated that 770 post of Pharmacists are to be appointed by the Medical Services Recruitment Board and they may be absorbed to the regular time scale of vacancies in Primary Health Centres after the completion of two years of service on consolidated pay and also that after filling the 770 posts of pharmacist the mode of entry to the post of pharmacists in Primary Health Centres may be made to contract post only through Block Level Mobile School Health team or any other schemes. The Director of Public Health and Preventive Medicine has therefore requested the Government to issue necessary orders in this regard,
3. After careful examination, the Government have decided to accept the proposal of the Director of Public Health and Preventive Medicine and accord permission to Director of Public Health and Preventive Medicine to fill up 770 post of Pharmacists sanctioned under Rashtriya Bal Swasthya Karyakram (RBSK) Scheme on consolidated pay of Rs. 10,000/- per month with the following conditions:-
(i) The recruitment process will be done through the Medical Services Recruitment Board as per the rules of procedure followed by the Board for recruitment.
(ii) The candidates who are appointed under the Rastriya Bal Swasthya Karyakram (RBSK) scheme would be absorbed to the regular time scale vacancies in Primary Health Centers after the completion of 2 years of service on Consolidated Pay of Rs. 10,000/- per month as and when the vacancy arises in the regular time scale. If there is no vacancy even after the completion of two years, they will continue to be on consolidated pay till such time vacancy arises in Primary Health Centers and they should not claim to absorb them into regular time scale immediately after completion of two years. They should be absorbed only as and when the regular time scale vacancies arises in the posts existing in Government departments.
(iii) An individual who moves to the regular, scale of pay post in Primary Health Centre before completing the 2 years shall be paid consolidated pay only till the prescribed period of 2 years.
(iv) The movement will be based on seniority to the Primary Health Centre from the RBSK scheme. After filling up the 770 post of Pharmacists, the mode of entry to the post of Pharmacists in Primary Health Centres shall be made to co
