M S SUBRAMANIAN HEALTH INSPECTOR GR I RETD Vs. SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) THE present Writ Petitions are directed against the order dated 27.9.2000, passed by the second respondent viz. the Director of Public Health and Preventive Medicine, Chennai, in and by which, the second respondent has made recommendation to reconsider the granting of the benefits of selection grade and special grade to the petitioners that happened on 1.10.1978 and 24.4.1987 respectively.

(2.) THE learned counsel for the petitioners submits that the petitioners M.S.Subramanian and V.Kolandaisamy were originally appointed on 8.4.1962 and 9.4.1963 as surviellance field workers in the National Malaria Eradication Programmes and after two years, they were promoted as Surviellance Inspector on 6.3.1964. THEreafter, on completion of six years in the post of Surveillance inspector, the petitioners and 14 others were transferred and posted as Health Inspectors. In the meanwhile, the respondents also decided to regularise the service of the petitioners with effect from 6.3.1972 on the basis of appointment orders, similar to the one dated 5.9.1979 passed in favour of petitioners and other similarly placed persons likewise of the petitioners.

(3.) THE impugned order which has been passed just only three days before the retirement of the petitioners, is unjustified and the same is not supported with any reasons and on this basis, the learned counsel for the petitioners prays for setting aside the impugned proposal of the second respondent. Subsequently, on the basis of proposal, recovery was also made. Now, the petitioners on 30.9.2000 were also retired. He further submits that since the petitioners at no point of time, misrepresented before the respondents either for grant of selection grade or special grade, recovery made is unsustainable and the impugned order is liable to be set aside.