SURINDER SINGH NIJJAR,J. - (1.) LEAVE granted in all the Special Leave Petitions.
(2.) THESE appeals are directed against the common judgment and final order dated 23 rd July, 2010 passed by the High Court of Judicature at Madras in Writ Petition Nos. 23893 of 2006, 34401 of 2007, 8339, 12654, 14592, 17578, 25844 and 27982 of 2008 and Writ Appeal No.312 of 2008 and connected misc. petitions. By this order, the High Court dismissed the Writ Petition Nos. 23893 of 2006 and 34401 of 2007 and allowed the Writ Petition No.17578 of 2008 filed by respondents 3 to 5 and also Writ Appeal No.312 of 2008. Since the facts involved in the controversy in all the appeals are common, we shall make a reference to the facts as narrated by the High Court. This shall be supplemented by any additions made by the appellants in this Court.
(3.) THE facts noticed by the High Court are that initially the Health Department consisted of Multipurpose Health Workers and Unipurpose Health Workers who were engaged in various schemes for eradication of different diseases which were widespread throughout India. By an order dated 29 th September, 1982, Unipurpose Workers were integrated as Multipurpose Health Workers. On 4th November, 1988, there was a subsequent integration of employees engaged in the family welfare. Soon thereafter, statutory rules were notified under the proviso to Article 309 by the G.O.Ms. No.1507 dated 16th August, 1989 which were made applicable to the Multipurpose Health Workers Scheme. Under the rules, different Class I and Class II posts were notified and their essential qualifications were prescribed. The essential qualification for appointment to the post of Multipurpose Health Assistant was SSLC and long term Multipurpose Health Worker's Training Course Certificate or possession of Sanitary Inspector's Course Certificate and short term training course certificate from multipurpose health workers training. It was further provided that the candidates will have to acquire the long time training course within five years from the date of appointment. The essential qualifications were also prescribed for all other posts. By an amendment dated 19th November, 1990 (G.O.No.1984), the pay scales of Multipurpose Health Assistant were re -fixed. On 13 th August, 1991, the Health and Family Welfare Department by G.O. No.1123 prescribed the qualifications for promotions of Multipurpose Health Supervisors as Block Health Supervisors. Vide G.O.Ms. No.4 dated 4 th January, 1993 some of the categories were added in the feeder posts of Multipurpose Health Supervisor and Multipurpose Health Workers. These rules were, however, applicable only to those who joined the service under the Tamil Nadu Public Health Services.;