S. SUDHA AND ORS. Vs. THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARES SERVICES AND ORS.

JUDGEMENT

(1.) The order dated 12.7.2013 passed by the Karnataka Administrative Tribunal in Application Nos. 3370 -3372/2012 is the subject matter of these writ petitions. By the impugned order, the Tribunal has rejected the prayer of the petitioners to quash the seniority list dated 31.3.2012 and the Official Memorandum dated 2.7.2012 issued by the second respondent. The consequential reliefs sought for by the petitioners are also rejected by the impugned order.

(2.) The petitioners herein are recruited as Junior Health Assistants (Male/Female). They are working in the said posts. Respondents 3 to 38 herein were appointed as Paramedical Workers prior to 1997 -98 and their services were assigned to Leprosy Eradication Scheme. The order came to be issued by the State Government as per Annexure -R3, dated 15.4.2002 merging the post of Paramedical Worker in the cadre of Junior Health Assistant (male/female). Hence, from that day onwards, i.e., from 15.4.2002, respondents 3 to 38 started working as Junior Health Assistants (male/female). On 24.3.2008, final seniority list of Junior Health Assistant came to be issued as per Annexure -R7. While preparing the said seniority list, objections were called for and after hearing the objectors, the final seniority list, dated 24.3.2008 was issued fixing the seniority based on the initial entry of each of the Paramedical Workers and the Junior Health Assistants (male) into service. Thus, the date of initial entry was the criteria, which was taken into consideration while preparing the final seniority list. It is relevant to note that the Government of Karnataka as per the order at Annexure -R4, dated 19.1.2007 directed the Department of Health and Family Welfare Services to prepare the seniority list of Junior Health Assistants (male/female) taking into consideration the date of initial entry into service by the Paramedical Workers also. Their total length of service was directed to be taken into consideration while preparing the seniority list. Pursuant to such direction, the seniority list was prepared as per Annexure -R7 dated 24.3.2008. The said seniority list was not questioned by anybody. Subsequently on 31.3.2012 vide Annexure -A4, eligibility list was prepared for promotion to the post of Block Health Educator from among the employees who were working as Junior Health Assistants (male/female). The employee who has got a Degree to his credit would be entitled to be promoted as Block Health Educator. Accordingly, the eligibility list at Annexure -A4, dated 31.3.2012 was prepared by the Director, Department of Health and Welfare Services based on the seniority among the persons who have got Degrees. In the said seniority list, the Degree -holders who were initially working as Paramedical Workers were placed as seniors naturally, inasmuch as they were seniors in the merged cadre of Junior Health Assistant. Thereafter, promotions were given as per Annexure -A5, dated 2.7.2012. Both these orders were called in question before the Karnataka Administrative Tribunal by the petitioners which came to be dismissed by the impugned order.

(3.) Sri P.M. Naik, learned advocate appearing for the petitioners submits that respondents 3 to 38 were appointed as local candidates and their services were regularized only w.e.f. 15.4.2002 on which day the post of Paramedical Worker was merged into the cadre of Junior Health Assistant(male/female). Thus, according to him, the previous service rendered by respondents 3 to 38 as Paramedical Workers should not have been taken into consideration by the Department while preparing the seniority list and consequently, the action of the Department placing them above the petitioners in the seniority list is bad in the eye of law.