LAWS(MAD)-2011-8-151

M S MUHAMMED SHEIK ABDULLAH Vs. SECRETARY

Decided On August 23, 2011
M S Muhammed Sheik Abdullah Appellant
V/S
SECRETARY Respondents

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, theRespondents 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.) When the matter stands above, the Petitioners had the grievance that the Respondents have not considered the period of service rendered by them as surveillance field workers and Surveillance Inspectors for regularization and also for monetary benefit. In the meanwhile, the second Respondent initiated proceedings on 19.2.1992 based on G.O.Ms. No. 1425 Health and Family Welfare dated 27.7.1987 and also on the basis of the order passed by the Tamil Nadu Administrative Tribunal in O.A. No. 421 of 1989. Finally, a recommendation was also made to the first Respondent to issue suitable clarification for retrospective regularization of the services of the Petitioners in the post of Surveillance Inspector from 1.7.1966. On that basis, the second Respondent, in the light of the proceedings dated 4.4.1995 regularised the services of the Petitioners in the post of Surveillance Inspector from 1.7.1966. Again by another proceedings dated 14.2.1996, the Petitioners' probation was also declared to have been completed on the afternoon of 5.7.1968. Consequently, the arrears of pay was also given from 29.7.1987.