Judgment:
Writ Petition No.23656 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to retrospectively promote the petitioner in the cadre of Health Inspector with effect from 01.02.1973 and consequently regularize his service in the above post with all monetary benefits by extending the benefits of G.O.(D) No.359, Health and Family Welfare Department, dated 26.04.2004 which is covered under order dated 13.07.2007 in W.P.No.29794 of 2005 etc.,
COMMON ORDER
1. Writ Petition No.23656 of 2010 is filed praying to issue a Writ of Mandamus, directing the respondents to retrospectively promote the petitioner in the cadre of Health Inspector with effect from 01.02.1973 and consequently regularize his service in the above post with all monetary benefits by extending the benefits of G.O.(D) No.359, Health and Family Welfare Department, dated 26.04.2004 which is covered under order dated 13.07.2007 in W.P.No.29794 of 2005 etc.,
2. The relief sought for in all the writ petitions is one and the same. By consent, all the writ petitions are taken up together for final disposal.
3. Heard Mr.S.M.Subramaniam, learned counsel appearing for the petitioners and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents.
4. In these batch of writ petitions the petitioners who are serving or retired/Health Inspector Grade-I, in Government primary health center in different districts seeks certain benefits in terms of the Government Letter dated 05.03.1996 and G.O.(D).No.359, Health and Family Welfare Department dated 26.04.2004.
5. The petitioners were initially appointed in various posts in the health department such as Vaccinator, Surveilance Workers, Field Assistants, Cholera Workers etc.,. They were thereafter promoted as Health Supervisor which post came to be re-designated as Health Inspector Grade-I, in which post they are either serving or retired since. At the time of joining service, the petitioners did not possess the technical qualification namely Sanitary Inspector Certificate Course. However, all these petitioners subsequently, underwent the course and got the certificate and therefore, they claim that they are entitled to the benefit of promotion to the post of Health Inspector based on their seniority at the time of entry into service.
6. A similar issue was considered in a batch of cases before the Division Bench of this Court in W.P.No.29794 of 2007 etc., and the following order was passed on 13.07.2007:
"9.Though at the time of their initial appointment, the petitioner had not possessed the prescribed qualification, viz., Sanitary Inspector Course Certificate, the Government has chosen to appoint them in the Health Services, when they have gained the qualification subsequent to the appointment, they were not considered for promotion. On the other hand, the Government should have considered them for promotion instead of ignoring their legal aim to regularise their services and promotion as Health Inspector to avoid stagnated promotion to create unrest among the employees by virtue of not considering the cases of the petitioners and implementing the orders of its own and the Tribunal. Further, while passing the order on 5.3.1996, the Government, directed the Medical Officers of the Primary Health Centres in all the Districts to regularise their services from the date of their first appointment, but they have taken a different stand in the counter affidavit depriving the right of the petitioners by not regularising their services from the date of acquiring qualification for promotion, which is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
10. In the light of the above, the respondents are directed to consider the cases of the petitioners with regard to regularisation of their services with retrospective effect and thereafter, giving promotion as per the seniority list prepared by the Government by virtue of proceedings dated 5.3.1996 and the order of the Tribunal dated 10.8.2001 and also the consequential G.O.(D) No.359 Health and Family Welfare (N2) Department dated 26.4.2004, within a period of 12 weeks from the date of receipt of a copy of this order.
11. It is brought to our notice that some of the writ petitioners have retired from service after attaining the age of superannuation. If that is so, they are entitled for regularisation from the date they have acquired qualification and consequential monetary benefits and the respondents are directed to pay the same to them within the stipulated period."
7. Thereafter present batch of writ petitions in W.P.Nos.23656 to 23677 of 2010 were filed in the year 2010 and W.P.Nos.10123 to 10175 of 2012 were filed in the year 2012 seeking similar relief as granted by the Division Bench in W.P.No.29794 of 2007.
8. Today, when the matters were taken up for final hearing, learned counsel appearing for the petitioners brought to the attention of this Court the common order passed by K.Venkataraman,J., in a batch of cases in W.P.Nos.33075 of 2007 etc. It is also brought to the attention of this Court that since the very same issue which is the subject matter of the batch of writ petitions is the same as the one pending before the Apex Court in SLP.No.18658 of 2007 dated 05.10.2007, learned single Judge disposed of the writ petitions holding that the petitioners in the batch of writ petitions, who filed subsequently based on the Division Bench order, will be entitled to the relief subject to the outcome of the order that may be passed by the Honourable Apex Court. The same order was followed by me (R.SUDHAKAR,J.) in the common order dated 10.6.2011 in a batch of cases in W.P.Nos.8375 of 2008 etc., batch.
9. In all these cases, it is admitted that the petitioners are either working or retired as Health Inspector Grade-I and may have the requisite qualification namely, Sanitary Inspector Certificate Course and therefore, they are entitled to the benefit of regularisation with effect from the date of qualifying. They claim such benefit, based on the letter issued by the Government on 05.03.1996 and G.O.Ms.D.No.359, Health and Family Welfare Department, dated 26.04.2004. Since the very same issue is now pending before the Apex Court in the above stated civil appeal, if the petitioners fall in the same category as that of the petitioners in a batch of writ petitions decided by the Division Bench in the common order dated 13.07.2007, they will be entitled to such relief as may be ordered by the Honourable Apex Court in the above stated SLP.No.18658 of 2007 dated 05.07.2007.
10. These writ petitions are ordered accordingly. No order as to costs.