W.P.(MD) No.4294 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) No.4294 of 2022

and

W.M.P.(MD) No.3648 of 2022

D.Kumar

... Petitioner

-vs-

1.The State of Tamil Nadu,

Rep., by its Principal Secretary,

Health and Family Welfare Department,

Fort St. George,

Chennai-9.

2.The Director of Public Health and

Preventive Medicine,

Teynampet, Chennai-6.

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of

India praying for issuance of Writ of Certiorarified Mandamus to

call for the records in pursuant to the impugned order passed by the

2^nd respondent in R.No. 22260/MPIV/S3/2017 dated 28.01.2022 and quash

the same and consequently direct the 2^nd respondent to transfer and

post the petitioner as Health Educator in the Tamil Nadu Public

Health Subordinate Services in Thanjavur District based on his

seniority by getting option letter as per the judgment of this

Honble Court made in W.P.Nos. 29553 to 55/2014, 32344 to 46/2014 and

6234/2015 dated 01.03.2016.

For Petitioner

:

Mr.M.Saravanakumar

For Respondents

:

Mr.A.K.Manikkam,

Special Government Pleader

O R D E R

The Writ on hand has been instituted questioning the validity

of the order of rejection passed by the Director of Public Health

and Preventive Medicine in proceedings dated 28.01.2022 stating that

the petitioner is working as Technical Personal Assistant and there

is no rule provision to promote the petitioner from the post of

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W.P.(MD) No.4294 of 2022

Technical Personal Assistant to the post of Health Educator. The

scale of pay of Technical Personal Assistant and Health Educator is

identical and therefore, the relief sought for by the petitioner is

not feasible for compliance.

2.The case of the petitioner is that he was appointed as

Leprosy Inspector on 03.11.1986 in the Director of Medical Services

Department and his services were regularised and at present, he is

working as Technical Personal Assistant Grade-I. Three categories of

Health Inspectors are functioning in the Department of Public Health

and Preventive Medicine and they are (i) Health Inspector Grade-I;

(ii) Health Inspector Grade-IB; and Health Inspector Grade-II. The

petitioner was holding the post of Health Inspector Grade-I and in

the line of promotion, he was promoted to the post of Block Health

Supervisor and now holding the post of P.A. to Deputy Director of

Health Services. Two line of promotions were provided from the post

of Health Inspector and they are as under:-

Health Inspector Grade-I

↓

↓

Non Medical Supervisor

Block Health Supervisor

(Near about 15 posts in each

(Near about 13 District

posts in each District)

↓

↓

Health Educator

P.A.To Deputy Director Health

Services

(3 posts in each District)

(One post in the District)

3.The petitioner was promoted to the post of Block Health

Supervisor. Therefore, in the said line of promotion, the next

promotion was P.A. to Deputy Director of Health Services.

Admittedly, the petitioner was not promoted to the post of Non-

Medical Supervisor. Therefore, he is not falling in the line of

Non-Medical Supervisor to be promoted to the post of Health

Educator.

4.Once the petitioner is promoted as Block Health Supervisor

in the line of promotions, the next promotion would be P.A. to

Deputy Director of Health Services and in which post, the petitioner

is working as of now. However, the fact remains that both the posts

of Health Educator and P.A. to Deputy Director of Health Services

are equivalent posts carrying identical scale of pay.

Interchangeability whether permissible under the rules is to be

verified by the authorities competent. However, if it is

interchangeable post, then alone, the cases are to be considered for

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