IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, Shamim Ahmed, JJ
K.Venkatramanan – Appellant
Versus
The principal Secretary to Government Health And Family Welfare Department – Respondent
WA No. 369 of 2026 | CMP.No.3247 of 2026 | WP.No.15100 of 2025
| Table of Content |
|---|
| 1. review of the appellant's promotion history. (Para 1 , 2 , 3) |
| 2. analysis of combined seniority and its implications. (Para 4 , 5 , 6) |
| 3. determination of pay scale for pension. (Para 7) |
| 4. affirmation of past court decisions regarding pay and reversion. (Para 9 , 10 , 11) |
| 5. conclusion of the writ appeal dismissal. (Para 12) |
(Judgment of the Court was delivered by R.Suresh Kumar J.)
This intra-court appeal has been directed against the order passed by the Writ Court dated 18.11.2025 made in W.P.No.15100 of 2025.
2. The appellant was the writ petitioner, who was originally appointed to the post the Leprosy Inspector on 11.05.1987 and in that capacity, he worked till 31.07.1997. Thereafter, by virtue of G.O.(Ms.)No.320, Health and Family Welfare (G-1), Department dated 27.06.1991, the post of Leprosy Inspector was redesignated and classified as Health Inspector Grade -I B. However, there was no revision of pay even though the redesignation had been made as Heath Inspector Grade- I B. Therefore, a representation had been given in order to set right the pay anomaly. The Government issued further Government Order in G.O.Ms.No.382, Health and Family Welfare (N1) Department, dated 12.10.2007, where still some confusions seems to have been there and ultimately, the Leprosy Inspectors, who were absorbed under Multi-Purpose Health Worker Scheme on 01.08.1997 were entitled to be redesignated as Health Inspectors Grade – I from 01.08.1997. Still there were some disparity among the Health Inspector Grade - I B.
3. Based on these issues, the incumbents, who had been working as Health Inspector Grade - I and Grade - IB, had been fighting with each other for getting the inter se seniority and promotion and ultimately, the matter has gone to Hon'ble Supreme Court, where orders have been passed, pursuant to which, the employer i.e., the Government set right everything by drawing a combined seniority list consisting of 3 categories including the Grade I category and Grade I B category and based on these three categories, the combined seniority list had been prepared.
4. In this context, it is to be noted that insofar as the present petitioner/appellant is concerned, he was promoted as Block Health Supervisor in the year 2007-2008. However, as per the turn of the petitioner/appellant, he became eligible only for the panel year 2009-2010.
5. While granting such promotion by order dated 08.09.2014, the effect was given retrospectively with effect from 07.11.2008 as Block Health Supervisor to the appellant/petitioner. These kind of promotions earned by the people like the petitioner/appellant, though they were juniors comparing with others, who found place in the combined seniority list since have to face the reversion and, that reversion also since was directed to be taken place and the same has not been complied with and contempt petitions also have been filed. Ultimately, some writ petitions as well as the sub applications filed in contempt petitions came to be decided by a Division Bench of this Court on 28.03.2024, where the following directions were issued:
“67. The reason being that, the petitioners covered under
13.07.2007 orders are not belong to third category, i.e., Multi Purpose Health Assistant category and therefore such a benefit extended to them cannot be extended to Multi Purpose Health Assistant category since they are admittedly juniors to other two category people. That is the reason why while preparing the combined seniority list among the three categories, who is to come first, who is to follow next and who is to come last have been discussed and decided which in fact has been implemented by preparing the combined seniority list.
68. Therefore at no stretch of imagination, the prayer sought for in these writ petitions can be acceded to.
69. The petitioners herein, admittedly belong to the third category, should be placed in the bottom of the seniority list as stated supra. Therefore they have to necessarily earn promotio
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