G MURUGAN Vs. S CHANDRABABU

JUDGEMENT

(1.) THIS order shall govern the above writ petitions seven in number. All these writ petitions concentrate on challenging G. O. Ms. No. 593 Health and Family Welfare (N2) Department, dated 11. 9. 1995, as one contrary to the Rules framed in G. O. Ms. No. 1507 Health, Indian Medicine, Homeopathy and Family Welfare Department, dated 16. 8. 89, and consequentially no further panel could be prepared contrary to the Rules already in existence.

(2.) THE affidavits in support of all the petitions are perused and the counter affidavit filed by the State is also perused. The Court heard the learned Counsel on all sides.

(3.) THE following would emerge as facts admitted: (a) The Government passed an order in G. O. Ms. No. 352, Health and Family Welfare Department, dated 9. 3. 1974, categorizing the posts relating to Health and Family Planning by rationalisation of the posts into four categories for facilitating fixation of scale of pay and for implementation of II Pay Commission. By the said G. O. , the post of Laboratory Assistant (Malaria) was re-designated as Laboratory Attendant Grade III, and the post of Senior Laboratory Assistant (Malaria) was re-designated as Laboratory Attendant Grade II. Following the said G. O. , the next G. O. came to be passed in G. O. Ms. No. 110, Health and Family Planning Department, on 19. 7. 1977, whereby the existing Rules were amended by which the feeder category for the post of Health Inspector was amended as Laboratory Attendant Grade II, Laboratory Attendant Grade III and Field Assistant. In the year 1982, the Health Department issued G. O. Ms. No. 1936 introducing Multipurpose Health Workers Scheme by which the Basic Health Workers and Vaccinators, working in various uni purpose scheme, have been absorbed as Multipurpose Health Workers. Though the scheme was introduced in the year 1982, it was implemented with effect from 4. 11. 1988. Following the same, on 16. 8. 1989, G. O. Ms. No. 1507 Health, Indian Medicines, Homeopathy and Family Welfare Department, was issued framing Adhoc Rules for Multipurpose Health Workers Scheme which prescribes Sanitary Inspector Course Certificate or long term Multipurpose Health Workers Training Course Certificate as requisite qualification for appointment to the post of Health Inspector. Subsequently, the Government issued orders in G. O. Ms. No. 185 on 5. 5. 1998, amending the Adhoc Rules framed in G. O. Ms. No. 1507 referred to above, by which the post of Laboratory Assistant (Malaria) was included as one of the feeder category for promotion to the post of Health Inspector Grade I under Multipurpose Health Workers Scheme. (b) While the matter stood thus, the impugned G. O. came to be passed in the year 1995 that was on 11. 9. 1995, in G. O. Ms. No. 593, Health and Family Welfare Department, by which the Multipurpose Health Assistants who have been absorbed from various uni purpose Scheme, were given promotion as Multipurpose Health Supervisor (Health Inspector Grade I) as and when they complete 20 years of service, on up gradation of the post automatically. Thereafter, G. O. Ms. 782, Health and Family Welfare Department, dated 20. 12. 1995 was passed amending the Rules by which the post of Multipurpose Health Worker was re-designated as Health Inspector Grade II and the post of Multipurpose Health Supervisor was re-designated as Health Inspector Grade I. On 28. 5. 2002, the Government issued a clarification letter distinguishing the promotion without qualification on up gradation as per G. O. 593 dated 11. 9. 1995, and regular promotion with qualification for the persons regularly appointed as per the Rules issued in G. O. Ms. No. 1507 dated 16. 8. 1989. The G. O. Ms. No. 154 Health and Family Welfare Department, which was made on 11. 3. 2004, would stipulate that Block Extension Educator who got merged with the Multipurpose Health Workers Scheme, can be promoted as Block Health Supervisor only if they possess requisite qualification for the post of Sanitary Inspector namely Sanitary Inspector Course Certificate. Under the circumstances, G. O. 593 and the amended Rules thereon came to be challenged first before the Tamilnadu Administrative Tribunal in the year 1995 itself which cases have been subsequently transferred to this Court and taken on file as writ petitions along with the other writ petitions.