DR. M.RAMANATHAN AND OTHERS Vs. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records of the first respondent in connection with the impugned order passed by the first respondent in G.O.(Ms).No.245, Health and Family Welfare (A2) Department, dated 30.10.2013 and quash the same in so far as para 4 clause 3 (1), concerned in respect of the writ petitioners and further direct the respondents to permit the writ petitioners to continue as Chief Civil Surgeon and grant them all consequential service and monetary benefits.

(2.) The learned counsel, appearing on behalf of the writ petitioners, state that the writ petitioners were initially appointed as Civil Assistant Surgeon in Government Service through Tamil Nadu Public Service Commission and accordingly continuing in service. The writ petitioners were promoted as Chief Civil Surgeon by the orders of the Government in G.O.Ms.No.354, Health and Family Welfare Department dated 23.10.2009. When the petitioners are continuing as Chief Civil Surgeon, the Government issued G.O.Ms. No.357, Health and Family Welfare Department dated 15.12.2010, granting refitment to the post of Chief Civil Surgeon/Senior Civil Surgeon/Civil Surgeon/Senior Assistant Surgeon. Certain amendments were issued to G.O.Ms. No.354, dated 23.10.2009. The amendments issued to Para xv (a) are extracted here under: <FRM>JUDGEMENT_426_LAWS(MAD)12_2017_1.html</FRM> Accordingly, the minimum period of 20 years prescribed in G.O.Ms. No.354, Health and Family Welfare Department dated 23.10.2009, for getting promotion to the post of Chief Civil Surgeon was relaxed.

(3.) The learned counsel for the writ petitioners contended that the stage of relaxation was granted on account of the fact that 335 posts of Chief Civil Surgeon posts were vacant and it was necessary for the State to fill up all those posts and by granting relaxation of the qualifying services of 20 years, the petitioners who have completed 20 years of service were granted refitment by virtue of G.O.Ms.No.357, Health and Family Welfare Department dated 15.12.2010.