R POONGODI Vs. SECRETARY TO GOVERNMENT AND ORS

JUDGEMENT

(1.) The petitioner herein seeks for issuance of a writ of certiorarified mandamus to call for the records of R4-Dean, Government Vellore Medical College and Hospital, Vellore-11, in regard to preparation of panel for promoting Laboratory Technician Grade-II to Laboratory Technician Grade-I, vide proceedings R. No.8741/E5/06, dated 04.07.2008, quash the same and also to quash the letter, dated 30.05.2008, of the fourth respondent in Na.Ka.No.8471/Ni.5/06, and direct the respondents concerned to promote the petitioner as Lab Technician Grade-I.

(2.) Dr.A.E.Chellaiah, learned Senior Counsel appearing for the petitioner, submitted before this Court that the petitioner, after passing +2 Course and one year Lab Technician Course from a recognized Institute viz., Central Leprosy Treatment and Research Institute (in short "CLTRI"), Chengalpet, during 1987-1988, was appointed as Lab Technician Grade-II in 1988 and posted at the Government TB Centre, Adukkamparai, Vellore, functioning under the control of the 2nd respondent. Subsequently, she was posted at the Government Vellore Medical College and Hospital, Vellore. Learned Senior Counsel referred to Section 21 in Volume III of the Tamil Nadu Service Manual, 1970 with reference to Special Rules for the Tamil Nadu Medical Subordinate Service and pointed out that the provision relating to Class-III clearly prescribes the educational qualification for the post of Lab Technician Grade-II and also for the promotional post of Lab Technician Grade-I. As per the said provision, for the post of Lab Technician Grade-II falling under Category-2, the candidate should possess a Certificate or Diploma in Medical Laboratory Technology course with two years duration, conducted by the King Institute of Preventive Medicine or from any other Institution recognized by the Government of Tamil Nadu. The said provision also clarifies that if candidates with the above qualification are not available, then, candidates with Certificate in Medical Laboratory Technology (One Year) duration conducted by the Institutions recognized by the Government of Tamil Nadu for this purpose shall be appointed. According to the learned Senior Counsel, having regard to the above provision relating to Grade-II cadre, the petitioner is fully qualified to hold the said post. Further, the provision also prescribes the qualification for the post of Lab Technician Grade-I as a Pass in the Diploma or Certificate Course in Medical Technology conducted by the King Institution of Preventive Medicine, and other Institutions recognized in this behalf by the Government of Tamil Nadu. Therefore, when the petitioner was appointed to the post of Lab Technician Grade-II with sufficient qualification, she is also eligible to get promotion to the post of Lab Technician Grade-I. Moreover, G.O. Ms. No.958, H dated 14.05.1986, also makes it abundantly clear that the Government recognized the Certificates issued by CLTRI, Thirumani, Chengalpet, where the petitioner underwent the course, as equivalent to the Lab Technician Course conducted by the King Institute, Guindy.

(3.) Mr.Digvijaya Pandian, learned Additional Government Pleader appearing for the official respondents-1 to 7, would state that although the petitioner was appointed to Grade-II Post on 14.05.1988 as she was qualified to hold the said post based on the one year course underwent by her from CLTRI, Chengalput, during 1987-88, for promotion to Grade-I Cadre, she could not be considered in view of the reason that she did not complete any short term course to get promotion to such cadre. The short term course said to have been undergone by the petitioner from National Tuberculosis Institute at Bangalore will not help her case, for, the said course was a mere training in regard to TB only which could not be considered for promotion to Grade-I cadre. By referring to the service manual containing Section-21 which deals with qualification for Lab Technician Grade-I and also for Grade-II, which was already highlighted in the course of arguments by the petitioner's side as well, learned Additional Government Pleader has stated that, by virtue of G.O. Ms.No.308, Health and Family Welfare Department, dated 04.07.1996, Special Rules for the T.N. Medical Subordinate Service (Section 21 in volume III of the TN Service manual, 1970) underwent amendment to the following effect: