IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06/04/2006
Coram
The Hon'ble Mr.Justice N.PAUL VASANTHAKUMAR
Writ Petition No.26200 of 2005
T.G.Madhavaraman ... Petitioner
-Vs-
Deputy Director
of Health Services,
Collectorate Campus,
Ramanathapuram. ... Respondents
This writ petition came to be numbered by way of transfer of
O.A.No.10920 of 1998 from the file of Tamil Nadu Administrative Tribunal with
a prayer to call for the records on the file of the respondent in his
proceedings Na.Ka.No.00190/A5/98 dt.7.12.1998 and directing the respondent to
appoint the petitioner as per his seniority list.
!For Petitioner : Mr.R.Subramanian
For Respondents : Mr.R.Lakshminarayan,
Government Advocate
:O R D E R
In this writ petition, petitioner seeks to direct the respondents to
appoint him as Pharmacist as per the seniority list.
2. Petitioner has passed diploma in Pharmacy in the year 1985 and
he registered his name with the Employment Exchange on 19.7.1985 at Ramnad
District. He attended interview for the post of Pharmacist in the Primary
Health Centre from the year 1985 and so far he had attended numerous
interview. On 7.12.1998, respondent called for an interview for the post of
Pharmacist in Ramanathapuram District Health Centre for four vacant posts.
Petitioner’s seniority number was 4 in BC list. Petitioner attended the
interview on 17.12.1998 with all certificates, but he was not selected even
though he is senior in the District. According to the petitioner some of his
juniors were given appointments overlooking his seniority. It is the specific
case of the petitioner that the appointments are made based on the seniority
in the Employment registration only and therefore petitioner has filed the
present writ petition with the above prayer.
3. A counter affidavit has been filed by the respondent stating
that no direction or instruction was received by the respondent stating that
selection for the post of Pharmacist should be made only according to the
employment seniority and therefore the claim of the petitioner that the
appointment of the candidates, not selected on seniority basis is not correct
and that the denial of appointment to petitioner is as per the existing rule.
4. The learned counsel for the petitioner produced Government
Order by notification, wherein the Government has issued guidelines for
filling up the vacant posts in the Pharmacist post in the Government
Hospitals. In the notification of the Government, guidelines were issued by
the Health and Family Welfare Department and the said notification is
extracted hereunder,
“Filling up of vacancies Orders
Government of Tamil Nadu
Abstract
Establishment Pharmacists posts under the purview of Director of Medical
Education and Director of Medical and Rural Health Services Filling up of
vacancies through Employment Exchange Orders issued.
HEALTH AND FAMILY WELFARE DEPARTMENT
1. G.O.Ms.No.179, Personnel and Administrative
Reforms Department dated 2.6.1995
2. G.O.Ms.No.141, Personnel and Administrative
Reforms(s) Department dated 15.6.1998.
3. From the Director of Medical & Rural Health
Services, Chennai 6.
Ref: No.16084/E5/2/2000, dated 21.4.2000
ORDER
The filling up of vacancies of Pharmacists is one of the demands of the Tamil
Nadu Government Pharmacist Association. The Director of Medical and Rural
Health Services has stated that there are 81 vacancies of Pharmacists under
his control and 46 vacancies consequent on deputation to Tamil Nadu Medical
services Corporation and thus totalling 127 vacancies on Director of Medical
and Rural Health Services side. There are 45 post of Pharmacists vacant on
Director of Medical Education Side as reported by the Director of Medical
Education. Therefore, the Director of Medical and Rural Health Services and
the Director of Medical Education have request the Government to permit them
for filling up of the existing vacancies of pharmacists posts numbering 1 72
as mentioned above.
2. The Government have carefully examined the above proposals of the Director
of Medical and Rural Health Services and Director of Medical Education in
accordance with the revised procedure now laid down in the G.O.second read
above with record to the filling up of entry level posts. Accordingly, the
Government permit the Deans / Joint Directors / Deputy Directors of Health
Services under the control of Director of Medical Education / Director of
Medical and Rural Health Services, being the appointing authorities to the
post of pharmacist to fill up the 172 posts of Pharmacists by drawing a list
of candidates from the employment exchange and making appointments purely
based on employment exchange seniority by following the rule of reservation as
envisaged under General rule 22 and latest instructions issued in this regard
from time to time so that the services in the Government Hospitals could be
rendered smoothly without any hindrance.
3. This order issues with the concurrence of Personnel and Administrative
Reforms Department vide its U.O.No.21465/C/2000-1 dt.24.4.2000 and also with
the concurrence of finance Deptt vide its U.O.No.1303/ FS/P/2000,
dt.27.4.2000.
(BY ORDER OF THE GOVERNOR)
V.VISWANATHAN
SECRETARY TO GOVERNMENT”
5. A perusal of the above instructions clearly demonstrate that
172 posts were created and according to the learned counsel for the
petitioner, number of juniors to the petitioner were appointed in the said
vacancy, but the petitioner was not given appointment and he was not appointed
and the same is illegal. Learned counsel further submitted that during the
pendency of the original application, the respondent herein by order dated
20.6.2005, appointed the petitioner for a consolidated pay of Rs.2,500/- per
month for two years and the petitioner also joined as Pharmacist immediately
and he is serving as Pharmacist in the Government Primary Health Centre,
Thondi. The grievance of the petitioner is that even though he was denied
appointment in the year 1998 and 2000 in spite of he having Employment
seniority, now the petitioner was appointed only in consolidated salary of
Rs.2,500/- and the said action virtually takes away the right of the
petitioner in getting time scale of pay for no fault of the petitioner.
6. Taking note of the overall facts and circumstances of the case
and taking into consideration the petitioner’s employment seniority, wherein
he was placed in Sl.No.4 in the year 1998, I feel interest of justice will be
met by directing the respondent to give him time scale of pay from the date of
his appointment on 20.6.2005. By giving the same petitioner’s grievance can
be partially remedied. The petitioner cannot be appointed from 1998 as he was
not selected and appointed and by doing so the rights of the persons appointed
and working from 1998 onwards will be affected. It is well settled in law
that right to get salary arises only from the date of appointment and not from
an earlier date. Hence the time scale of pay applicable to the Pharmacist
post shall be calculated and paid to the petitioner from the date of his
joining in duty in the Government Primary Health Centre, Thondi, within four
weeks from the date of receipt of copy of this order.
The writ petition is allowed in the above terms. No costs.
To
The Deputy Director of Health Services,
Collectorate Campus, Ramanathapuram.