BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.9304 of 2019 and W.M.P.(MD)No.7310 of 2019 S.Jeya Roslin ... Petitioner Vs

1.The Under Secretary, Government of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi – 110 108.

2.The Postmaster General, Central Region – Tamil Nadu, Tiruchirappalli – 620 001.

3.The Director, Central Government Health Scheme, 435-C, Nirman Bhavan, Ministry of Health and Family Welfare, New Delhi – 110108.

4.The Officer In-charge, Directorate General of Health Services, 446-A, Nirman Bhawan, NewDelhi – 110011.

5.The Additional Director, A-2A, Health and Family Welfare, Rajaji Bhavan, Third Avenue, Nr Besant Nagar Terminal, Chennai – 600 090.

6.The Chief Medical Officer, Postal Dispensary, Trichy – 1. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fifth respondent to direct the respondents 2 and 6 to permit the petitioner as a Pharmacist, at Postal Dispensary, Tiruchirappalli based on her earlier appointment and continuous service from the year 2001 by considering her representation, dated 01.04.2019.

For Petitioner : Mr.NA.Palaniyandi For R1 : Mr.R.Senthi Kumar Standing Counsel For R5 & R6 : Mr.K.R.Badurus Zaman

ORDER

This writ petition has been filed directing the fifth respondent to direct the respondents 2 and 6 to permit the petitioner to work as a Pharmacist, at Postal Dispensary, Tiruchirappalli based on her earlier appointment and continuous service from the year 2001 by considering her representation, dated 01.04.2019.

2. It is the case of the petitioner that the petitioner was orthopaedically handicapped and completed Diploma in Pharmacy in the year 1998 and enrolled as registered Pharmacist on 26.05.1999 in the Tamil Nadu Pharmacy Council, Chennai. The District Employment Exchange nominated her as sponsored candidate for the post of Pharmacist at Postal Dispensary, Trichy. The second respondent conducted the interview for the said post on 02.04.2001 and appointed the petitioner for the post of Pharmacist for leave vacancy at Postal Dispensary, Trichy vide proceedings, dated 26.04.2001. The petitioner has not been regularised even after working for more than 10 years as Pharmacist in the dispensary. She made several requests to the second respondent to regularise her service. She gone to the office on 01.04.2019 and at that time, her superiors did not permit her to work, since the first respondent issued an order, dated 21.12.2018, wherein, it is stated that the 33 postal dispensaries will be merged with CGHS in All Over India and it shall be effected from 01.01.2019. In that effect, the above Tiruchirappalli Postal Dispensary is also merged with CGHS. The above said merger order permitted only the permanent employees not for the outsiders. The petitioner was not a permanent employee. Hence, she was treated as outsider and not permitted to continue her job. The respondents 2 and 6 have wrongly interpreted the order, dated 21.12.2018 and they prevented the petitioner only on the ground that the permanent employee comes under the Administrative control of the Department of Health and Family Welfare not for causal and outsiders. She made a representation to the respondents and the higher authorities on 01.04.2019 requesting to regularise and absorb as Pharmacist at Postal Dispensary, Trichy. But the respondents did not consider the representation. Hence, this writ petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner had sent representation on 01.04.2019 requesting to regularise and absorb as Pharmacist, so far it was not considered and the same is pending before the authorities concerned. He would submit that the petitioner all along worked as a Pharmacist since from 2001. He would submit that the order, dated 21.12.2018 issued by the Government of India, Ministry of Health and Famil