IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.12.2023 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.15292 of 2017 and W.M.P.No.16577 of 2017

1. S.Dhandayuthapani (Deceased)

2. R.Valliammai

3. D.Arun

4. D.Rajeshkumar

5. D.Pagutharivu ... Petitioners [P2 to P5 substituted as Legal Heirs of deceased sole petitioner vide order dated 01.08.2023 made in WMP.No.21309/2023 in W.P.No.15292/2017 by CVKJ]

Vs.

1. The Principal Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Director of Public Health and Preventive Medicine, D.M.S. Compound, Anna Salai, Chennai - 6 ... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order issued by the 2^nd respondent in proceeding R.No.60597/MP2/S1/2013 dated 12.04.2017 and quash the same and consequently direct the 2^nd respondent to retrospectively promote the petitioner to the post of Block Health Supervisor with effect from 27.08.1996 i.e. the date on which his immediate junior was promoted.

For Petitioners : Mr.R.Prem Narayan For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to call for the records relating to the impugned order issued by the 2^nd respondent in R.No.60597/MP2/S1/2013 dated 12.04.2017 and quash the same and consequently direct the 2^nd respondent to retrospectively promote the petitioner to the post of Block Health Supervisor with effect from

27.08.1996 i.e. the date on which his immediate junior was promoted.

2. The case of the petitioner is that he joined as Panchayat Union Health Assistant on 28.11.1966 and was promoted to the post of Health Inspector Grade - I on 01.05.1971 and retired from service on attaining the age of superannuation on 30.04.1999. During 1982, the Government vide G.O.Ms.No.1936 Health and Family Welfare Department dated 29.09.1982 had introduced Multi Purpose Health Worker Scheme in the State of Tamil Nadu. As per the said G.O., the post of Health Inspector was re-designated as Multi Purpose Health Supervisor. The next avenue of promotion from the post of Multi Purpose Health Supervisor is to the post of Block Health Supervisor. The said G.O. also categorized the Health Inspector into three categories namely 'A' Group, 'B' Group and 'C' Group. A Group consist of Health Inspectors and Basic Health Inspectors (Qualified), B Group consist of (i) Health Assistants of Kanyakumari District and Sengottai Taluk (ii) Cholera Supervisor (iii) Health Assistant in Panchayat Union. As per the above said G.O., the Multi Purpose Health Supervisors shall be drawn first from the seniority list of 'A' Group persons followed by 'B' Group persons and finally followed by 'C' Group persons. Even though the petitioner was appointed as Panchayat Union Health Assistant, he was promoted to the post of Health Inspector, after passing examination conducted by the Tamil Nadu Public Service Commission. Therefore, he was placed in Group A of Health Inspectors. As per provisional seniority list dated 09.01.1990 issued by the 2^nd respondent, the petitioner's name was placed in Seniority No.1850 in Group A. Thereafter, another provisional list was issued on 10.03.1994 in which his name was found in Seniority No.1286 in Group A.

3. The grievance of the petitioner is that the respondents misinterpreted G.O.Ms.No.1936 and started granting promotion to many persons whose names were not found in the original seniority list which was prepared in accordance with G.O.Ms.1936. As a result, many of the petitioner's junior who subsequently entered in the Government service were promoted to the post of Multi Purpose Health Supervisor and Block Health Supervisor. The Tamil Nadu Provincialised Health Supervisor Association filed a Writ Petition in W.P.No.13352 of 2002 in which this Court directed the 2^nd respondent herein to restrict the number of perso