The court affirms entitlement to service regularization and benefits from the initial appointment date, ensuring compliance with constitutional equality principles.

THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.33648 of 2022 a nd W MP.No.33101 of 2022 E.Ponnambalam … Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Health & Family Welfare Department, Fort St.George, Chennai – 600 009.

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

3.The Deputy Director of Health Services, Chenglepet District, Chenglepet. … Respondent PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the impugned G.O.(Ms.) No.25, Health & Family Welfare (C2) Department, dated 13.01.2022, denying regularization and monetary benefits from 18.02.2009, impugned order passed by the second respondent in his proceedings Na.Ka.No.1903929/PHC-7/2022 dated 01.08.2022 and the impugned order passed by the third respondent in his proceeding R.No.0705/S1/2022-1 dated 01.12.2022 in so far as ordering recovery and quash the same and consequently direct the respondents to regularize the petitioner's service as Opthalmic Assistant with effect from 18.02.2009 with all monetary and other attendant benefits.

For Petitioner : Mr.K.Raja For Respondents : Mr.E.Sundaram, Government Advocate * * * * * ORDER This Writ petition is filed to call for the impugned G.O.(Ms.) No.25, Health & Family Welfare (C2) Department, dated 13.01.2022, denying regularization and monetary benefits from 18.02.2009, impugned order passed by the second respondent in his proceedings Na.Ka.No.1903929/PHC-7/2022 dated 01.08.2022 and the impugned order passed by the third respondent in his proceeding R.No.0705/S1/2022-1 dated 01.12.2022 in so far as ordering recovery and quash the same and consequently direct the respondents to regularize the petitioner's service as Opthalmic Assistant with effect from 18.02.2009 with all monetary and other attendant benefits.

2.The petitioner completed the refresher course in Government run college, registered his name in the employment exchange, and so was entitled for appointment as per the order passed by the learned Tribunal dated 01.04.2002 made in O.A.Nos.7723, 8029 to 8037/1999, 7965/2001 and 281 to 284/2002. Instead of giving appointment to the candidates from the Government run colleges, through G.O.(D).No.1127 dated 30.10.2006, candidates from private colleges were sought to be given appointed first and therefore the same was challenged by the petitioner in W.P.No.25488/2008 , which was ordered on 04.11.2008. The order of Tamil Nadu Administrative Tribunal, Chennai in O.A.Nos.7723, 8029 to 8037/1999, 7965/2001 and 281 to 284/2002 and the order passed by this Court in W.P.No.25488 of 2008 dated 04.11.2008, had not been challenged in appeal and hence, the said orders attained finality. Pursuant to the above said orders of the Court, vide G.O.(2D).No.07, Health & Family Welfare Department, dated 29.01.2009, the petitioner was appointed as Opthalmic Assistant in the sanctioned post and posted at Sadras Primary Health Centre, Chengelpet District. The petitioner joined duty on 18.02.2009. The petitioner's basic salary was fixed at Rs.4500/- in the scale of pay of Rs.4500-125-7000. Thus, his appointment in the sanctioned post and as per prescribed qualification was legal. Inspite of the fact that the petitioner was legally appointed, the petitioner was not regularized in the post of Opthalmic Assistant, even after serving for over a decade in the sanctioned post. Finally, after a lapse of 13 years, the petitioner's services were regularized vide G.O.(Ms).No.25, Health & Family Welfare Department, dated 13.01.2022. In the said G.O. monetary benefits were restricted from the date of issue of the Government order. As the p