IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2023 CORAM:

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P.No.24496 of 2008 and M.P.No.2 of 2008

1.K.Jayaraman Superintendent, Government Primary Health Centre, D.Thurungipady – 635 702, Dharmapuri District.

2.S.Udhaya Kumar Superintendent, Government Primary Health Centre, Kallamangalam, Krishnagiri District.

...Petitioners vs.

1.Government of Tamil Nadu rep by Secretary to Government, Health and Family Welfare Dept., Fort St.George, Chennai – 600 009.

2.The Director of Public Health and Preventive Medicine, Chennai – 600 006.

3.P.Dinamani Superintendent, O/o. Deputy Director of Health Services, Vellore – 9.

4.V.Thangamani Superintendent, O/o. Deputy Director of Public Health and Preventive Medicine, Chennai – 600 006.

5.T.Mahalingam Superintendent, Government Primary Health Centre, Aalangayam, Tiruvannamalai District.

6.G.Gnanasekar, Superintendent, Government Primary Health Centre, Olakkur, Tindivanam Taluk, Villupuram District. 7.Rasheed Ahamed, Superintendent, O/o.Director of Public Health and Preventive Medicine, Chennai – 600 006. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the orders passed in (1) Government letter (D) No.950, Health and Family Welfare Department dated 15.09.2006 of the first respondent and (2) Pro.R.No.134346/E4/2001/S2 dated 07.01.2007 of the second respondent (3) R.No.134346/EN/S2/2001 dated 27.08.2008 and (4) R.No.7153/E4/2007/S12 dated 04.09.2008 of the second respondent, in so far as it relates to the petitioner herein and issue consequential directions to the respondents to restore the seniority of the petitioners in the Post of Junior Assistant fixed already with reference to G.O.Ms.No.951, P & A.R Department dated 14.09.1984 and the consequential seniority in the posts of Assistant and Superintendent already fixed with all consequential benefits. For Petitioners : Ms.Apporva for Mr.M.Ravi For Respondents : Mr.S.Ravichandran for R1 & R2 Additional Government Pleader R3 to R6 – served – no appearance R7 – no appearance

O R D E R

The Writ Petition has been filed challenging the proceedings of the respondents 1 & 2 in fixation of the seniority and to consequently direct the respondents to restore the seniority of the petitioners in the post of Junior Assistant fixed already with reference to G.O.Ms.No.951, Personnel and Administrative Reforms Department dated 14.09.1984 and the consequential seniority in the post of Assistant & Superintendent already fixed with all consequential benefits.

2.Heard Ms.Apporva, learned counsel appearing for Mr.M.Ravi, counsel on record for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader appearing for the respondents 1 & 2.

3.The petitioners in this Writ Petition were appointed as Junior Assistants under the compassionate appointment on 17.12.1984 & 27.03.1985 respectively. Thereafter, they were promoted as Assistants on 27.12.1993 & 08.01.1994 and to the post of Superintendents on 17.12.1999 and 01.12.1999 respectively.

4.Learned counsel appearing for the petitioners would submit that the respondents 3 to 7 herein were all originally appointed as 10(a)(i) appointees and their services were regularized under G.O.Ms.No.548, Personnel and Administrative Reforms (Per.J) Department dated 19.06.1987. She would submit that the Government had issued a G.O.Ms.No.951, Personnel and Administrative Reforms Department dated 14.09.1984 as to how the seniority would have to be fixed in respect of the persons who have been appointed through the compassionate appointment. According to her, the said Government Order provided that the seniority should be fixed taking into account the date of joining of the appointees who were appointed through the Tamil Nadu Public Service Commission and fixed the seniority of the persons appointed under the compassionate appointment on the date when they joined du