IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
Dr. T.Srinivasan – Appellant
Versus
The Principal Secretary To Government Health And Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. appointment and regularization of services. (Para 1 , 2 , 3) |
| 2. final ruling with directive. (Para 5) |
ORDER
This Writ Petition has been filed for the following reliefs:-
“ Directing the 1st respondent to regularize the petitioner appointed under
10(a) (i) and have cleared special qualifying Examination 2022 with effect from date of joining service on par with other medical officers appointed through TNPSC / MRB / MRB Walk in selection (2009, 2016, 2017 and 2018) by implementing the G.O. MS No 571 Health and Family Welfare Department dated 24.12.2020 and to restore the petitioners seniority by passing orders on the representation dated 25.07.2023.
2. The petitioners would submit that they were appointed as Medical Officers under Rule 17(1) of the Tamil Nadu Government Service Rules from the year 2017 onwards. The petitioners had subsequently appeared for the Special Qualifying Examination conducted on 28.05.2022 and successfully cleared the same. However, their services have not been regularized to date.
According to the petitioners, the respondents were expected to conduct the Special Qualifying Examination in the year 2019. However, due to the COVID-19 pandemic, the said examination was not conducted at that time, which resulted in delay in the regularization of the petitioners’ services. As per G.O.Ms.No.571 dated 24.12.2020, the respondents ought to regularize the petitioners from the date of their appointment, namely from the year 2017. Due to the failure of the respondents to regularize their services, the petitioners have been adversely affected in matters relating to seniority, promotion and participation in counselling conducted by the respondents.
3. In these circumstances, the petitioners had submitted a representation dated 25.07.2023 to the respondents requesting that their services be regularized from the date of their appointment, on par with other Medical Officers appointed through the Tamil Nadu Public Service Commission and the Tamil Nadu Medical Services Recruitment Board during the years 2009, 2016, 2017 and 2018. Since no orders have been passed on the said representation to date, the petitioners have filed the present Writ Petition.
4. Heard the learned counsel on either side.
5. Considering the limited prayer sought for by the petitioners and also taking note of the fact that their representation dated 25.07.2023 has not been disposed of by the respondents to date, the Writ Petition is allowed. The 1st respondent is directed to consider the petitioners’ representation dated 25.07.2023 and dispose of the same on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order. No costs.
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