Laws (Mad) 2024 3 37

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LAWS(MAD)-2024-3-37
HIGH COURT OF MADRAS
Coram : R.Suresh Kumar, K.Kumaresh Babu JJ.
Decided On : March 28, 2024
Appeal Type : Sub Application Nos.13 of 2020, 211 of 2022, Cont.P.Nos.1380 of 2016, 2383 of 2022,
W.P.No.29323, 31293, 31298, 31305, 31309, 31312 & 31314 of 2022
Appellant(s) :
SELVARAJ
Respondent(s) :
Beela Rajesh
Advocate(s) :
V.RAGHAVACHARI, V.SRIMATHI, R.JAYAPRAKASH, M.RAVI, R.EZHILARASAN,

Vadivelu Deenadayalan, P.S.RAMAN
Equivalent Citation :
LAWS(MAD)-2024-3-37
Referred Act(s) :
- Constitution Of India, Art.14, Art.16
- Tamil Nadu State And Subordinate Services Rules, 1955, R.10(A)(1)
Judgment :
R.SURESH KUMAR,J.
(1.) Since the issue involved in the Sub Applications in Contempt Petition, Contempt Petitions as well
as the writ petitions is one and the same or interconnected with each other, these writ petitions were
tagged along with the said Sub Application for the combined hearing, accordingly, with the consent of
the learned counsels appearing for both sides, these cases are heard together and are disposed of by
this common order.
(2.) Infact the litigation pertain to the subject started with effect from 1997, where the Government
had come forward to issue a Government Order in G.O.Ms.No.320 to redesignate the Leprosy
Inspector appointed and working into Health Inspector. In this regard, writ petition was filed,
thereafter the matter has gone to the Division Bench in the Writ Appeal and ultimately had gone to the
Supreme Court in Special Leave Petition, where in the Civil Appeal in C.A.No.4483 of 2013, the
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Supreme Court has passed a detailed order on 7/5/2013 giving a complete quietus to the issue with
regard to the fixation of interse seniority among three categories of Health Inspector Gr.I in the
Department and ultimately their other service benefits to be conferred.
(3.) Before going into the insight of the core issue, as a factual background, we must trace the
following facts.
(4.) Initially appointments had been made in the initial stage at various designations called
Vaccinator, Cholera worker, Basic Health worker etc. Those people had been integrated and
redesignated as Multi Purpose Health Assistants on 4/11/1988. Thereafter they had been given further
promotion to the post of Health Inspector Gr.I.
(5.) In another channel, there had been number of Leprosy Inspectors appointed sometime between
1970 and 1990, those people also had been redesignated as Health Inspector Gr.I. Thereafter in
another source, there had been appointment of Lab Assistants between 1970 and 1980, they had been
given promotion to the post of Health Inspector Gr.I and during 1989 and 1990, after the adhoc rules
had been framed, a post called Multi Purpose Health Assistants were filled up under the adhoc rules
from where promotion had been given to the post of Health Inspector Gr.I. That is how from four
sources, these people had reached the destination of Health Inspector Gr.I.
(6.) Even though promotions had been given or re-designation had been given for the first category
and second category as stated supra to the post of Health Inspector Gr.I, insofar as the promotional
avenue further for those people from the Health Inspector Gr.I to Block Health Supervisor is
concerned, there had been a restriction made by the Government by issuance of Government Order in
G.O.Ms.No.382, Health and Family Welfare Department, dtd. 12/10/2007, where certain conditions
have been imposed, one such condition was that, the redesignated Health Inspector Gr.I from Leprosy
Inspectors cannot claim promotion to the post of Block Health Supervisor and further promotion to the
post of Technical Personal Assistant till the last person in the existing list of Health Inspector Gr.I gets
promotion as Block Health Supervisor and Technical Personal Assistant. However the existing
promotion channel as Non-Medical Supervisor and Health Educator shall be allowed to them till their
turn for promotion to the post of Block Health Supervisor, Technical Personal Assistant comes as per
their seniority.
(7.) Thereafter the Government based on the direction given in W.P.No.2249 of 2007 issued further
Government Order in G.O.Ms.No.73, Health and Family Welfare Department, dtd. 28/2/2008
providing that Health Inspectors Gr.I having the certificate for sanitary course or long term Multi
Purpose course training certificate issued by the Director of Public Health and Preventive Medicine
would be considered for promotion as Block Health Supervisors.
(8.) Aggrieved over the same, the Government Orders in G.O.Ms.No.382 and G.O.Ms.No.73 were
challenged before this Court.
(9.) Ultimately a Division Bench of this Court by order, dtd. 23/7/2010 has passed the following order
:

"25. In any event, the Division Bench of this Court has categorically held in more than one
occasion that the relaxation given at the time of initial recruitment could be continued for the
promotions also, the promotion could not be denied on the ground that the person did not possess the
requisite qualification that was necessary for the purpose of initial recruitment. Hence, we are inclined
to interfere with the order of the learned single Judge as well as G.O.(Ms)No.73, Health and Family
Welfare (N1) Department, dtd. 28/2/2008 and accordingly, the same stand set aside. It is made clear
that the Health Inspectors Grade I who are not in possession of the Sanitary Inspector Course
Certificate or Multi Purpose Health Workers Training Course certificate, are eligible for promotion to
the post of Block Health Supervisor from the date on which their juniors were promoted with all
benefits.
xxx
The Leprosy Inspectors on integration into Multi Purpose Health Workers as on 1/8/1997
should be treated as Health Inspectors Grade I and they should be given promotion as Block Health
Supervisor and Technical Personal Assistant from the date of which their juniors were promoted, with
all consequential benefits. However, it is made clear that on re-designating the Leprosy Inspectors as
Health Inspectors Grade IA / Grade I as on 1/8/1997, they could be placed at the bottom of the
seniority of the serving Health Inspectors Grade I as on 1/8/1997."
(10.) As against the said order passed by this Court, Special Leave Petitions were filed, which had
been converted into Civil Appeal Nos.4482- 4485 of 2013. The said Civil Appeals were disposed by
the Hon'ble Supreme Court, by order, dtd. 7/5/2013, where direction had been given to prepare the
combined seniority list, where the already promoted or existing Health Inspector Gr.I from the first
source would be placed, immediately thereafter the 1B category, i.e., Leprosy Inspector redesignated
into Health Inspector Gr.I shall be placed.
(11.) Thereafter only the other sources namely Lab Assistant promoted into Health Inspector Gr.I and
Multi Purpose Health Assistants promoted to Health Inspector Gr.I shall be placed. Accordingly, the
interse seniority shall be fixed by preparing the combined seniority list and based on the seniority
further promotion avenues to be explored.
(12.) Pursuant to this Judgment of the Hon'ble Supreme Court, dtd. 7/5/2013, since the order passed
by the Division Bench has not been immediately implemented by the State, Contempt Petitions were
filed.
(13.) The Contempt Petition in Cont.P.No.1428 of 2013 was filed. The said Contempt Petition was
closed by order, dtd. 3/12/2013 because of the undertaking given by the Government to comply with
the order. Thereafter also since the orders have not been complied with, again contempt petition in
Cont.P.No.998 of 2014 was filed, that was also closed by order, dtd. 14/3/2016.
(14.) Despite these contempt petitions having been filed even though undertaking was given before
this Court before closing of those contempt petitions to comply with the orders passed by this Court,
since no compliance had been made, once again the applicants filed this Sub Application No.13 of

2020 to reopen or revive the contempt petition. That is how this Sub.A.No.13 of 2020 has come up.
(15.) The Sub Application in Sub.A.No.211 of 2022 has been filed seeking to grant leave to the
petitioner therein to file the Sub Application to revive the Contempt Petition in Cont.P.No.1542 of
2015, dtd. 14/3/2016 so as to punish the second and third respondents for having committed contempt
of this Court order in W.P.No.2998 of 2008, dtd. 23/9/2011.
(16.) The Contempt Petition in Cont.P.No.1380 of 2016 has been filed seeking an order to punish the
respondents for willful disobeying the order made by this Court in W.P.No.8339 of 2008, dtd.
23/7/2010.
(17.) Likewise, Cont.P.No.2383 of 2022 has been filed seeking an order to punish the respondents for
having committed contempt of court of the orders and directions dtd. 23/7/2010 made in
W.P.No.12654 of 2008 batch as confirmed in C.A.Nos.4483 - 4485 of 2013 on 7/5/2013.
(18.) The said Sub Applications along with the contempt petitions came up for hearing before us on
7/7/2023, where after hearing the parties we have passed the following order :
"Heard at length the learned Government Pleader appearing for the respondents as well as
the learned counsel appearing for the petitioners.
2. This litigation was started with effect from 1997, when the Government has first come
forward to issue G.O.Ms.No.320 to redesignate the Leprosy Inspector into Health Inspector since then
the litigation started. Writ petition was filed, Writ appeal was filed and thereafter, SLP was filed.
3. During the pendency of the civil appeal before the Hon'ble Supreme Court, the feeder
category people seems to have been given promotion in the year 1998, 2005 and 2006 and some of
them has got second promotion as Block Health Supervisor with effect from 7/11/2008 onwards.
4. Ultimately, the Hon'ble Supreme Court held in their judgment dtd. 7/5/2013 that some
portion of G.O.Ms.No.382 dtd. 12/10/2007 has to be struck down and as a result of which, the merger
of Leprosy Inspector as well as the Health Inspector in one category under G.O.Ms.No.320 has to be
accepted. Therefore, accordingly a combined seniority list has to be necessarily prepared based on
which, the promotion to the next higher category has to be given.
5. Pursuant to the Hon'ble Supreme Court order, in fact the respondent Department has
undertaken the exercise by preparing the combined seniority list consisting of erstwhile Leprosy
Inspector who are redesignated as Health Inspector Grade IB as well as the Health Inspector Grade - I
as well as recently promoted from the feeder category post to the Health Inspector Grade - I,
integrately as one single unit. Accordingly, combined seniority list has been prepared.
6. Now the question is, as per the combined seniority list whether the promotion to the next
post i.e., Block Health Supervisor has to be given or the already given promotion to some of the
people overlooking the erstwhile Health Inspector Grade - IB that was a redesignated post of the
erstwhile Leprosy Inspector can be denied permanently is the question.

7. Once the Hon'ble Supreme Court directed to merge the categories into one category and
accordingly, the combined seniority list has been prepared by the respondent Department, based on
which, the next promotion shall be given.
8. In this context, it is to be noted that the junior person was given promotion on 7/11/2008,
then onwards there has been number of promotions to so many juniors than the petitioners or the
members of the petitioner's Association, who are the erstwhile Leprosy Inspectors were given
promotion.
9. Now by virtue of the combined seniority list, 384 odd post of Block Health Supervisor
are to be taken into account for the purpose of giving promotion seniority wise in the combined
seniority list, wherein who have already been retired from service, in either of the category, the
promotion can be given notionally and thereafter, still the posts are available in the 384 sanctioned
vacancies of Block Health Supervisor, subsequent functional promotion shall also be given, for which
the combined seniority list shall be operated.
10. In order to do this exercise and to file a draft proposal for giving such promotion both
notionally as well as the functional promotion, the respondent Department seeks some time.
11. Since it is a long pending issue, where the litigation has been pending for more than two
decades, in order to give a quietus to the issue, we feel that, to assist the Court with the learned
Government Counsel, the Director of Public Health and Preventive Medicine Department shall appear
before this Court with relevant records and the draft as indicated above during the next date of hearing.
Post the matter on 25/7/2023."
(19.) Pursuant to the said order, dtd. 7/7/2023, the respondents in the contempt petitions had filed
typed set of documents, where the annexure to the proceedings, dtd. 25/10/2013 being the combined
seniority list issued by the Director of Public Health and Preventive Medicine, Chennai-6 had been
filed. In the said list which could be called as combined seniority list made pursuant to the order of the
Hon'ble Supreme Court, dtd. 7/5/2013, there were totally 7732 candidates, out of whom from Sl.No.1
to S.No.3923 are Gr.I Health Inspectors, from Sl.No.3924 to 5994 are Gr.I-B Health Inspectors and
from 5995 to 7732 are Health Inspectors who had been subsequently promoted from feeder category.
After having noted the said combined seniority list, where the three set of people who had reached the
level of Health Inspector Gr.I by three different sources as stated supra since had been put under one
combined seniority list as has been directed by the Hon'ble Supreme Court, by their order, dtd.
7/7/2013, based on such combined seniority list what shall be the steps to be taken to make the
complete compliance of the orders of this Court had been directed by us by our order dtd. 25/7/2023
which reads thus :
"Pursuant to our order dtd. 7/7/2023, the respondents in these Contempt Petitions have filed
typed set of documents, where the annexure to proceedings dtd. 25/10/2013 being the Combined
Seniority List issued by the Directorate of Public Health and Preventive Medicine, Chennai-600 006
has been filed. In that list, which would be hereinafter called as Combined Seniority List, of course

made pursuant to the order of the Hon'ble Supreme Court dtd. 7/5/2013, totally there were 7732
candidates, out of which from Sl.Nos.1 to 3923 are Grade I-A Health Inspectors, from Sl.Nos.3924 to
5994 are Grade I-B Health Inspectors and from Sl.Nos.5995 to 7732 are Health Inspectors who had
been subsequently promoted from feeder categories.
2. Consisting of these three categories of Health Inspectors, the Combined Seniority List
since has been prepared as on 25/10/2013, that has to be acted upon.
3. In this context, it is to be noted that from Sl.Nos.1 to 3923 there has been no quarrel as
all those candidates come under Grade I-A category and have already earned promotion or they might
have retired from service before they earned promotion.
4. Insofar as Grade I-B category commencing from Sl.Nos.3924 to 5994 are concerned,
totally 2071 candidates, out of which it is the claim of the respondent Government / Directorate that
1232 candidates have already been given promotion and the remaining 839 are yet to to be given
promotion.
5. In the third category that commences from Sl.Nos.5995 to 7732, some of them have
already been given promotion to the next higher post. Because of this promotion that was given to this
third category, the litigation started at the earliest point of time, as they were juniors to the candidates
in I-A and I-B categories and now after a long legal battle, pursuant to the order passed by the Hon'ble
Supreme Court as stated supra, the Combined Seniority List has been prepared.
6. In that Combined Seniority List, whoever could not earn promotion in the I-B category,
we feel that they are entitled to get such promotion; if they are already retired, notionally, otherwise if
they are in service, functionally, as some of the juniors starting from Sl.Nos.5995 till 7732 have
already been given promotion.
7. Moreover, in the third category ie., from Sl.Nos.5995 to 7732, even though some of them
earned promotion, they might have retired; some of them might be working even as of now.
8. Insofar as those who earned promotion in the third category and retired from service are
concerned, though they are not entitled to earn such promotion, because they have already
superannuated and retired from service, whatever the service benefits earned by them or paid to them,
need not be disturbed. But at the same time, those who earned promotion in the third category, but still
working, are to be reverted necessarily because they are not entitled to such promotion.
9. Based on these factual matrix, as per the Hon'ble Supreme Court order and the Combined
Seniority List dtd. 25/10/2013 since has been accepted by both the categories, we are inclined to give
the following directions for early compliance by the respondents.
1. The respondents shall take a list of I-B candidates starting from Sl.No.3924 till
Sl.No.5994, who, so far have not earned any promotion either notional or functional basis, those
candidates shall be given promotion, notionally for superannuated candidates and functionally for
serving candidates immediately.

2. The promotees, who earned such promotion in the third category commencing from
Sl.No.5995 till Sl.No.7732, also such list shall be prepared by the respondents. Among them, those
who earned promotion and superannuated, need not be disturbed, and the benefits already been paid to
them shall not be recovered. But, at the same time, those who earned promotion in the third category,
but still working, as they are not entitled to earn such promotion, they shall be reverted immediately.
3. After making such reversion from the third category as indicated above, what are all the
functional posts which became vacant, wherein the non-promoted candidates in category I-B, who are
still having service, can be promoted and for the said purpose, the situation vacated by the promotees
at the third category can be utilized.
4. Insofar as the promotions which are going to be given to the superannuated candidates in
category I-B are concerned, such promotion shall be notional and they are not entitled for any
backwages, but their service shall be counted from the date of promotion, including for pensionary
benefits.
5. Those who have earned promotion in the third category and are to face the reversion, as
directed above, also will not pay back whatever the emoluments they have received by virtue of
promotion.
6. It is also made clear that, those in the second category ie., Grade I-B between
Sl.Nos.3924 and 5994, who earned promotion to the next higher category, their promotion shall date
back from 7/11/2008. From that date, though they are not entitled for any monetary benefits, their
service shall be counted for all service and pensionary benefits.
10. The aforesaid directions shall be complied with and a detailed report to that effect shall
be filed by the 2nd respondent / Director of Public Health and Preventive Medicine, Chennai-600 006,
after getting necessary concurrence with the 1st respondent / Secretary to the Government, and the
same shall be filed during the next hearing date, for which the case is to be listed on 25/8/2023."
(20.) Thereafter when the case came up for hearing on 25/8/2023 on behalf of the State / Department
it has been stated that, pursuant to our earlier order, dtd. 25/7/2023, in order to comply with such
directions, the Department have prepared a detailed proceedings dtd. 5/8/2023 and forwarded the same
to the Government for getting their concurrence. After getting approval from the Government in
consultation with the Finance Department, final orders would be passed, therefore some time was
sought for on behalf of the State.
(21.) Considering the said position as projected before us on 25/8/2023, we have passed the following
order :
"Pursuant to our detailed order dtd. 25/7/2023, where we have given certain directions to
the respondent Department, the concerned Department viz., the Public Health and Preventive
Medicine, in order to comply with such directions, have prepared a detailed proceedings dtd. 5/8/2023
and forwarded the same for the concurrence of the Secretary to the Government, Health and Family

Welfare Department.
2. Relying upon the said communication of the Directorate dtd. 5/8/2023, Mr.K.Sajeev
Kumar, learned Special Government Pleader appearing for the respondents would submit that, some
more reasonable time is required at the Government level with the consultation of the Finance
Department and to pass final orders approving such proposal sent by the Directorate as directed by this
Court in the order dtd. 25/7/2023.
3. We have considered the said submission made by the learned Special Government
Pleader and after perusing the proceedings of the Directorate of Public Health and Preventive
Medicine dtd. 5/8/2023 in R.No.3273657/MP2/S1/2022 and the affidavit filed in support of such
proceedings by the respondents, we are inclined to give the following directions.
That the proposal sent by the Directorate of Public Health and Preventive Medicine dtd.
5/8/2023 in R.No.3273657/MP2/S1/2022 addressed to the Secretary to the Government, Health and
Family Welfare Department shall be considered and final orders shall be passed approving such
proposal sent by the Directorate, of course in consultation with the Finance Department as claimed by
them. At any rate, such final orders shall be passed by the Secretary to the Government, Health and
Family Welfare Department, Government of Tamil Nadu on or before 11/9/2023 and file a compliance
report before this Court on 12/9/2023.
Post the matter on 12/9/2023."
(22.) Thereafter again the matters came up before this Bench on 12/9/2023, where it was submitted by
the learned Senior counsel for the State that, the first five directions given by our order, dtd. 25/7/2023
has been complied with. However, insofar as the sixth direction is concerned, concurrence have to be
obtained from the Finance Department and such exercise since is going on, the learned Senior counsel
and the learned Additional Advocate General appearing for the State wanted some time. Thereafter on
12/9/2023 we passed the following order :
"Mr.P.S.Raman, learned Senior Counsel appearing for the second respondent / Director of
Public Health and Preventive Medicine and Mr.J.Ravindran, learned Additional Advocate General
appearing for the first respondent / State would submit that, insofar as the six directions given in Para
9 of our earlier order dtd. 25/7/2023 is concerned, a recommendatory report has already been sent by
the second respondent / Director of Public Health and Preventive Medicine on 5/8/2023 to the State
Government to accept it and implement the same.
2. After having gone through the said proceedings issued by the second respondent dtd.
5/8/2023 signed on 7/8/2023 by the second respondent / Director of Public Health and Preventive
Medicine, the Government felt that, insofar as the first five directions in Para 9 of the order dtd.
25/8/2023 are concerned, absolutely there could be no quarrel to implement the same.
3. However, insofar as the sixth direction of Para 9 of the order dtd. 25/8/2023 ie., with
respect to candidates in Grade I-B in Sl.Nos.3924 and 5994 is concerned, it was ordered by this Court

that their promotion shall date back from 7/11/2008. In this respect, even if the promotions are
notionally given to them with a condition that the posts are to be created as supernumerary posts and
the said posts would get lapsed on their superannuation, insofar as the backwages are concerned, they
are not entitled as per the directions of this Court. However, with regard to the difference in
pensionary benefits payable to these candidates are concerned, it is a commitment to be made by the
Government financially, for which the concurrence of the Finance Department is required.
4. Therefore, on that aspect the concerned Department ie., the Health Department would
have a consultation with the Finance Department and thereafter a solution would be arrived at. Hence,
the learned Senior Counsel would seek two weeks time.
5. Learned Senior Counsel would also contend that, insofar as the implementation of the
sixth direction in Para 9 of the said order referred to above is concerned, if such a notional promotion
is given to those candidates in Grade I-B as stated supra, whether that will have any bearing on the
promotional aspects and whether that will have any repercussion on the seniority list that has already
been prepared, would also be examined and reported before this Court.
For the said purpose, the learned Senior Counsel and the learned Additional Advocate
General seek two weeks time. Post on 26/9/2023 as first item."
(23.) Thereafter again the matter came up for hearing on 26/9/2023, where it was submitted by the
learned Senior counsel appearing for the Department / State that there were 263 people who had been
given further promotion to the post of Block Health Supervisor on various dates in the year 2008, 2009
and 2010 who are juniors to the Source-A and Source-B category in the cadre of Health Inspectors.
Therefore those people except those who already retired have to be necessarily reverted back, however
since some of them already approached this Court and filed separate writ petitions where they were
able to get order of stay of such reversion which have been passed against them, that could not be
operated further. Therefore the exercise as directed by this Court in the six direction as stated supra on
25/7/2023 could not be completed.
(24.) Therefore in this regard, the learned Senior counsel wanted to bring the fact before this Court by
filing an affidavit. Therefore the matter has been adjourned further and again came up for hearing on
27/11/2023. On that date after coming to know about the filing of the writ petitions by the individuals
opposing the reversion order faced by them pursuant to the preparation of the combined seniority list
as per the order of the Hon'ble Supreme Court dtd. 7/5/2013, we passed the following order on
27/11/2023 :
"By our detailed order dtd. 25/7/2023, we have given a set of directions in paragraph No.9.
In fact, those directions were issued based on the Combined Seniority List dtd. 25/10/2013 which was
prepared of course pursuant to the order passed by the Hon'ble Supreme Court on 7/5/2013.
2. As per the said directions, category-I candidates, i.e., I-A candidates were all given
promotions. Insofar as category-II, i.e., I-B candidates are concerned, they are 2067 in numbers
starting from Serial Nos.3924 to 5990 in the Combined Seniority List dtd. 25/10/2013.

3. Among these candidates of I-B category, some of them have already earned promotion,
but remaining could not get promotion.
4. However, the third category candidates who are in the feeder category starting from
Serial Nos.5995 to 7732, among them, it has been stated by the State that, 265 candidates have been
given promotion.
5. This promotion given to third category candidates are in violation of the Combined
Seniority List dtd. 25/10/2013, therefore in our order dtd. 25/7/2023, we had directed that those who
earned promotion from the third category shall be reverted back except protecting the interest of
monetary benefits which they have earned already in the promoted post and those who have retired
from service.
6. The aforesaid directions of ours could not be implemented, according to the respondents,
because already 244 such persons belonging to the third category had already approached this Court
by filing writ petitions in W.P.Nos.29323, 31293, 31298, 31305, 31309, 31312 and 31314 of 2022. It
has further been informed by the State that, in those writ petitions, interim order of stay of reversion
order passed by the State has been granted and by virtue of that those 244 persons even though were
directed to be reverted, by the orders of this Court (Division Bench) dtd. 25/7/2023 it could not be
implemented.
7. In view of the aforestated position, where the orders passed by this Court could not be
implemented because of the Stay already granted in the writ petitions by the Single Bench, we feel
that, in order to give a quietus to the issue, by comprehensively hearing the parties who filed the writ
petitions in view of the direction already been given by us in our order dtd. 25/7/2023 of course on the
basis of the Combined Seniority List dtd. 25/10/2013, and on the basis of the Supreme Court order dtd.
7/5/2013, we feel that those writ petitions referred above are to be tagged along with this
Sub.Appl.Nos.13 of 2020 and 211 of 2022 in Cont.P.Nos.1428 of 2013 and 1542 of 2015 for
comprehensive hearing. Hence, the Registry is directed to take steps to tag all those writ petitions
along with these applications, of course, after getting necessary orders from the Hon'ble Chief Justice."
(25.) Pursuant to our order, dtd. 27/11/2023 as per the orders of the Hon'ble Chief Justice, those writ
petitions had been tagged along with the Sub Application in Sub.A.No.13 of 2020, 211 of 2022,
Cont.P.Nos.1380 of 2016 and 2383 of 2022 as stated supra and accordingly, along with these Sub
Applications, these seven writ petitions also have been tagged and posted before us for combined
hearing.
(26.) Writ Petitions :
These writ petitions have been filed by the individuals who had earned the promotion to the
post of Block Health Supervisor. It is pertinent to be noted that, their initial appointment was as Multi
Purpose Health Assistants during the year 1989-90 and subsequently they had been promoted to the
post of Health Inspector Gr.I. Before the direction was given by the Hon'ble Supreme Court, by order,
dtd. 7/5/2023 as there was no such combined seniority list was prepared, some of them in this category

had earned further promotion to the post of Block Health Supervisor in the year 2009. Those
promotion to the post of Block Health Supervisors since had been found to be wrong because of the
combined seniority list, whether these people have been placed next to the I-A and I-B category as the
I-A category had been redesignated in 1988 and promoted as Health Inspector Gr.I and the I-B
category had been redesignated as Health Inspector Gr.I in 1997. These people who are the petitioners
herein belong to the last category who had been given promotions only in the year 2005 or 2006,
therefore they were naturally be placed below the I-A and I-B category ofcourse as per the directions
of the Hon'ble Supreme Court as stated supra.
(27.) Accordingly, when the combined seniority list was prepared and released, it was found that, the
first category of Health Inspector Gr.I are in Sl.Nos.1 to 3923, i.e., Gr.I-A Health Inspectors, the next
category would be from Sl.Nos.3924 to 5994, i.e., Gr.I-B Health Inspectors and third category starts
from 5995 and ends in 7732 who are the Health Inspectors who had been subsequently promoted to
the post of Health Inspectors from feeder category like Lab Assistants or Multi Purpose Health
Assistants.
(28.) Especially insofar as the petitioners are concerned, they are from that Multi Purpose Health
Assistant category and got promotion either in the year 2005 or in the year 2006 well after the
promotion or re-designation given to the first two categories, i.e., I-A and I-B categories.
(29.) When that being so, it quite become natural to get the reversion from the post of Block Health
Supervisor for want of vacancy. Therefore when such a reversion had been given, that is being under
challenge in these writ petitions, therefore such a challenge now has been made by these petitioners in
this batch of writ petitions, whether is to be sustained or not is the question to be decided.
(30.) In this context, it is to be noted that, prior to 16/8/1989, the appointment initially had been made
for various purposes like vaccination, anti cholera movement and basic health worker and those people
had been redesignated as Multi Purpose Health Assistants on 4/11/1988. The reason being that, the
Government had come forward to issue a Government Order in G.O.Ms.No.1507, Health, Indian
Medicine, Homoeopathy and Family Welfare Department, dtd. 16/8/1989, whereby an adhoc rules had
been framed. Though this rule had been issued under the G.O, dtd. 16/8/1989, the Government fixed
the date of enforcement of the rule retrospectively by stating that, the rules hereby made shall be
deemed to have come into force on 4/11/1988. Therefore, 4/11/1988 shall be the cut off date or crucial
date for the purpose of implementing the adhoc rules creating the post called Multi Purpose Health
Assistants.
(31.) The first category or first source of persons already been working under various capacities like
vaccinator, cholera worker, basic health worker etc., had been redesignated as Multi purpose Health
Assistants as per G.O.Ms.No.1507 under the scheme with effect from 4/11/1988. Thereafter those
people had earned the promotion further to the post of Health Inspector Gr.I.
(32.) It is in this context to be noted that, the Multi Purpose Health worker under the scheme of
G.O.Ms.No.1507 can be promoted as Multi Purpose Health Supervisor after having experience of

period of not less than five years in the category of Multi Purpose Health Assistants under the Multi
Purpose Health worker scheme. The said designations of Multi Purpose Health Assistant and Multi
Purpose Health Supervisor had been redesignated as Health Inspector Gr.II and Health Inspector Gr.I
respectively.
(33.) Like that, second source namely the Leprosy Inspectors who had been appointed between 1970
and 1990 had been directly redesignated as Health Inspector Gr.I with effect from 1/8/1997. The Lab
Assistants appointed between 1970 and 1980 had earned promotion in August 1998. Whereas this
Multi Purpose Health Assistants who have entered into service as such, i.e., Multi Purpose Health
Assistant only in 1989 or 1990, that is well after the cut off date as per G.O.Ms.No.1507, namely
4/11/1988.
(34.) At the time of entry into Multi Purpose Health Assistants by virtue of the adhoc rules, the
qualification that was fixed was he must have passed in SSLC and a certificate granted by the Director
of Public Health and Preventive Medicine or by any other recognised institute approved by the
Government of Tamil Nadu for having undergone the long term Multi Purpose Health workers
training course or a certificate for having undergone the sanitary inspector course granted by the
Director of Public Health and Preventive Medicine or by any other recognised institute approved by
the Government of Tamil Nadu and a certificate for having undergone the short term training course in
Multi Purpose Health Worker Scheme must be possessed.
(35.) Therefore these Multi Purpose Health Assistants like the petitioners had been appointed initially
with a qualification of the said certificates which was essential qualification as per the adhoc rules. But
the other sources people who had been initially appointed as vaccinator or cholera worker, some of
them might have earned the certificate, some of them not. However after sometime all of them or most
of them had earned the certificates. These kind of certificates are the essential qualification even for
the post of Health Inspector Gr.I.
(36.) In this context, it is to be noted that, one Dhanasekar and Ramalingam had filed Original
Applications in O.A.No.3763 of 1991 and O.A.No.7632 of 1997 respectively. Their plea before the
Tribunal was that, since they entered into service with the qualification of such certificate,
regularisation in the initial post for those two should have been regularised and that plea was accepted
by the Tribunal and those orders have become final. Therefore the Government issued orders
regularising their services with effect from the date they entered into service as they had their
necessary qualification to hold such post.
(37.) Subsequently a number of persons who had been working as Health Inspector Gr.I in
Government Primary Health Centres in different districts in the State of Tamil Nadu as they have
initially appointed in different post such as Vaccinator, Field Assistant, Cholera worker etc., that is
first source people, who were promoted as Health Supervisor, later redesignated as Health Inspector
Gr.I. However when their juniors were promoted those people made representations to promote them
with effect from the date on which they were eligible to hold the post of Health Inspector, that is after
obtaining qualification and based on seniority.

(38.) This lis by way of batch of writ petitions was filed by one Janarthanam and several others in
W.P.No.29794 of 2005 etc., batch.
(39.) This issue was considered by a Division bench of this Court and orders were passed on
13/7/2007, where their plea were accepted and the following orders are passed :
"9. Though at the time of their initial appointment the petitioner had not possessed the
prescribed qualification, viz., Sanitary Inspector Course Certificate, the Government has chosen to
appoint them in the Health Services, when they have gained the qualification subsequent to the
appointment, they were not considered for promotion. On the other hand, the Government should have
considered them for promotion instead of ignoring their legal claim to regularise their services and
promotion as Health Inspector to avoid stagnated promotion to create unrest among the employees by
virtue of not considering the cases of the petitioners and implementing the orders of its own and the
Tribunal. Further, while passing the order on 5/3/1996, the Government directed the Medical Officers
of the Primary Health Centres in all the Districts to regularise their services from the date of their first
appointment, but they have taken a different stand in the counter affidavit depriving the right of the
petitioners by not regularising their services from the date of acquiring qualification for promotion,
which is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
10. In the light of the above, the respondents are directed to to consider the cases of the
petitioners with regard to regularisation of their services with retrospective effect and thereafter,
giving promotion as per the seniority list prepared by the Government by virtue of proceedings dtd.
5/3/1996 and the order of Tribunal dtd. 10/8/2001 and also the consequential G.O. (D) No.359 Health
and Family Welfare (N2) Department dtd. 26/4/2004, within a period of 12 weeks from the date of
receipt of a copy of this order.
11. It is brought to our notice that some of the writ petitioners have retired from service
after attaining the age of superannuation. If that is so, they are entitled for regularization from the date
they have acquired qualification and consequential monetary benefits and the respondents are directed
to pay the same to them within the stipulated period.
12. The writ petitions are ordered with the above directions. No costs."
(40.) This order, dtd. 13/7/2007 of a Division Bench of this court had been appealed to the Hon'ble
Supreme Court in Civil Appeal No.6660 of 2011 etc., batch. The Hon 'ble Supreme Court having
recording the factual matrix has passed the following orders :
"10. We have heard learned counsels for the parties to the lis and have carefully perused the
records of the case. We find no infirmity in the order(s) passed by the High Court.
11. Therefore, in our considered opinion, we do not see any good ground to interfere with
the judgment and order passed by the High Court. Accordingly, the civil appeals are dismissed.
Ordered accordingly."

(41.) Therefore, Janarthanam and others who had been promoted and was working as Health Inspector
Gr.I coming from the Source-1 were to be given retrospective promotion from the date they acquired
the qualification to hold the post of Health Inspector Gr.I.
(42.) For whatever reason the State / Department though filed a review application against the order
passed by the Hon 'ble Supreme Court, in the said order, dtd. 25/2/2015 made in Civil Appeal No.6660
of 2011, the said review also was dismissed, thereby the order, dtd. 25/2/2015 made in Civil Appeal
has become final.
(43.) Therefore there had been two orders passed by the Hon 'ble Supreme Court, one is the order,
dtd. 7/5/2013 in Civil Appeal.No.4483 of 2013, another is in Civil Appeal.No.6660 of 2011 etc.,
batch, dtd. 25/2/2015.
(44.) In this context, it is to be noted that, as per the order, dtd. 7/5/2013 in C.A.No.4483 of 2013,
direction was given to the State to prepare the combined seniority list, where the first source persons to
be placed in the top, then the second source person, i.e., Leprosy Inspector redesignated as Health
Inspector Gr.I shall be placed and thereafter only under the third category, the feeder category people
like the Lab Assistant, Multi Purpose Health Assistants who acquired promotion to the post of Health
Inspector Gr.I shall be placed.
(45.) Pursuant to the said order only the combined seniority list as we have stated consisting of more
than 7000 people have been prepared.
(46.) If the said combined seniority list is operated for the purpose of promotion to the next category,
i.e., Block Health Supervisor, insofar as the candidates who are in Sl.No.1 to 3923 come under I-A
category, i.e., first source persons have already earned promotion or without earning promotion they
retired from service.
(47.) Insofar as the I-B category commencing from Sl.No.3924 to 5994 are concerned, they are from
Leprosy Inspectors category, there were totally 2071 candidates, out of whom 1232 candidates have
already been given promotion and the remaining 839 are yet to be given promotion. Even though
under I-B category, 839 persons still are not getting the promotion, promotion had already been given
in the third category, i.e., from Sl.No.5995 to 7732.
(48.) Only in that context, as per the orders of the Hon 'ble Supreme Court since combined seniority
list had already been prepared, based on the interse seniority, promotions were directed to be given.
(49.) Accordingly when they operated the promotion based on the interse seniority of the combined
seniority list, the remaining candidates who are still yet to get promotions in the I-B category are to be
given promotion as they are seniors in the interse seniority in the combined seniority list. When such a
promotions are operated, for want of vacancy some of them who earned promotion to the post of
Block Health Supervisors from third category are to be necessarily reverted.
(50.) When such reversion orders have been passed by the Department / State on various dates in
September and October 2022, those reversion orders have been put under challenge in this batch of

writ petitions.
(51.) The main contention of the learned counsel appearing for the writ petitioners is that, these writ
petitioners are similarly placed as that of the writ petitioners in W.P.No.29794 of 2005 etc., batch.
Therefore the order dtd. 13/7/2007 passed by the Division bench confirmed by the Hon 'ble Supreme
Court in C.A.No.6660 of 2011, dtd. 25/2/2015 mutatis mutandis shall be made applicable to these
petitioners also.
(52.) Only in that premises they made submissions and also filed written arguments. Those arguments
were heard and considered by us.
(53.) In fact, similarly placed persons like the petitioners had already made an attempt before this
Court and filed writ petitions in W.P.No.37294 of 2015 etc., batch, where the learned single Judge of
this Court passed a common order on 5/6/2017, where this issue had been considered and ultimately
the learned Judge has passed the following order :
"17. At the risk of repetition, when the order passed by the Hon'ble Division Bench was
taken to the Supreme Court in Civil Appeal No.4483 of 2013 etc., the Honble Supreme Court, after
hearing the parties, had rejected the appeals on 7/5/2013 and confirmed the order of the Division
Bench. Therefore when paragraph 6(iv) and (v) of G.O.Ms.No.382 placing Health Inspectors Grade IB
who were redesignated as Health Inspectors Grade I en bloc below the last person of the Health
Inspector Grade I was found to be not correct, in denying promotion to the redesignated Health
Inspectors Grade I to the post of Block Health Supervisor and Technical Personal Assistant till the last
person in the existed list of Health Inspectors Grade I got his promotion as Block Health Supervisor
and Technical Personal Assistant, these orders were not brought to the notice of the Apex Court when
Civil Appeal No.6666 of 2011 batch arising out of order dtd. 13/7/2007 passed in W.P.No.29794 of
2005 batch was considered. A careful perusal of the order passed by the Apex Court in Civil Appeal
No.6666 of 2011 dtd. 25/2/2015 does not speak about the earlier judgment of the Apex Court in
Sivagurus case dtd. 7/5/2013. In any event, since the order passed by the Honble Division Bench on
13/7/2007 in W.P.No.29794 of 2005 etc., directed the respondent therein to consider the case of the
petitioners with regard to regularization of their service with retrospective effect, which order has been
confirmed by the Apex Court in Civil Appeal No.6666 of 2011 dtd. 25/2/2015, the Government, while
considering the prayer, concluded that the case of Mr.A.Ramalingam has no application to the case of
the petitioners and the reason shows that the retrospective regularization awarded to
Mr.A.Ramalingam, Health Inspector in G.O.Ms.No.359 dtd. 26/4/2004, is an erroneous one without
having any merit as per law. However the order of the Tribunal passed in O.A.No.7622 of 1997 was
implemented for the simple reason that the appeal was dismissed by the High Court on the ground of
delay and subsequently by the Apex Court.
18. Secondly, it could be seen that the request to regularize their service in the post of
Health Inspector with effect from the date of acquiring the Sanitary Inspectors course cannot be
considered, because the promotion is being effected in the post on the availability of vacancy and
based upon the eligibility and seniority in the feeder category post and none of the candidates had

however worked as Health Inspector at the relevant point of time due to non availability of vacancies.
On this basis, the request of the petitioners to promote them in the post of Health Inspector
retrospectively with effect from the date of passing the Sanitary Inspectors course was turned down
and this was also communicated to them.
19. A perusal of the judgment of the Apex Court in Sivagurus case and others holding that
the seniority of Health Inspectors Grade I as on 1/8/97 should be protected, as it attained its finality on
7/5/2013 cannot be disturbed once again, inasmuch as the challenge made to the seniority given to the
erstwhile Leprosy Inspectors who had been absorbed in the cadre of Health Inspector Grade I was
already considered by the Supreme Court in the said Sivaguru's case. Therefore, once again the
petitioners cannot set up a claim that they should be given seniority over the erstwhile Leprosy
Inspectors who had been absorbed as Health Inspector Grade I. As the seniority issue has already been
decided by the Honble Apex Court in a detailed order, this Court can neither revise it nor clarify it.
20. For all the aforementioned reasons, the writ petitions fail and they are dismissed.
Consequently, M.P.Nos.1, 2, 3, 4 of 2015, W.M.P.Nos.1602, 21273, 28207, 28208, 28209, 28210,
27963 and 27964 of 2016 are also dismissed. No costs."
(54.) As against the said order passed by the learned Judge, dtd. 5/6/2017, the petitioners therein filed
Intra Court Appeal in W.A.Nos.748 and 749 of 2017. Those writ appeals came to be disposed by a
Division Bench of this Court by order, dtd. 30/8/2019. In the said Judgment, what has been projected
here, that issue has been exactly discussed.
(55.) In the very opening paragraph of the Judgment, dtd. 30/8/2019, the Division Bench has made it
very clear that, the appellants therein not withstanding the binding Judgment of the Hon'ble Supreme
Court dtd. 7/5/2013 in C.A.No.4483 of 2013 etc., batch covering the field and the fact that their
appointments were subsequent to the effective date indicated in the Government Order in
G.O.Ms.No.1507, Health and Family Welfare Department, dtd. 16/8/1989 by which the adhoc rules
were framed for the post of Multi Purpose Health Assistants, these writ petitions since had been filed.
(56.) The summary of the case and the submissions made by those appellants in the said batch of
cases were recorded by the Division Bench. Since the issue raised herein by the present writ
petitioners who were appointed as Multi Purpose Health Assistants had already been raised by their
colleagues who were also appointed as Multi Purpose Health Assistants in the said batch of cases
which was considered and decided by the said Division Bench Judgment, dtd. 30/8/2019. The relevant
portion of the order passed by the Division Bench are usefully extracted hereunder :
"18. The claim of the appellants both before the Government and the writ court was on the
basis of the promotion given to M/s.D.Dhanasekaran and A.Ramalingam.
19. The claim has no factual or legal basis for the following reasons:-
(i) The appointment of the appellants were subsequent to 4/11/1988, the date on which the
Government Order in G.O.Ms.No.1507 Health, dtd. 16/8/1989 came into force. Though the

appointment of some of the appellants were made before the issuance of the Government Order in
G.O.Ms.No.1507, the fact remains that it was made only after the effective date viz., 4/11/1988. The
appellants are therefore not eligible to claim the benefits of retrospective regularization.
19 (ii) Inapplicability of the case of Thiru.Dhanasekaran.
Thiru.Dhanasekaran had completed the Sanitary Inspector Course even in the year 1970.
He was eligible for appointment to the post of Health Inspector with effect from 3/10/1970 under rule
10(a)(1) of the Tamil Nadu State and Subordinate Services Rules. Thiru.Dhanasekaran therefore filed
original application before the State Administrative Tribunal. Since Thiru.Dhanasekaran was qualified
for appointment to the post of Health Inspector and that there was a vacancy, the Government
implemented the order passed by the Tribunal without challenging it before the High Court. The order
was issued on 5/3/1996. The precedent in the case of Thiru.Dhanasekaran is not applicable to the
appellants for the simple reason that their very appointment was after the effective date prescribed in
the Government Order in G.O.Ms.No.1507 Health dtd. 16/8/1989. It is also a matter of record that the
appellants were not in possession of the required qualification initially.
19 (iii) The peculiar case of Thiru.A.Ramalingam:-
The case of Thiru.A.Ramalingam was one of default. Thiru.Ramalingam filed original

application in O.A.No.7622 of 1997 before the Tamil Nadu Administrative Tribunal for regularization
of his services in the cadre of Health Inspector with effect from 1/7/1970, the date on which, he was
qualified to occupy the post. There was no vacant post to accommodate him as Health Inspector. The
Tribunal called upon the Government Pleader to take instructions. The Government Pleader was not in
a position to submit his response before the Tribunal. The Tribunal therefore without addressing the
issue, straightaway passed the order directing regularization of his services, taking into account the
order passed in the case of Thiru.D.Dhanasekaran. There was absolutely no discussion with respect to
the merits of the matter. The order was challenged belatedly before the Division Bench. The appeal
was dismissed only on the ground of delay and laches. The same was the case of the Special Leave
Petition filed before the Hon'ble Supreme Court. The miscellaneous petition to condone the delay was
dismissed by the Hon'ble Supreme Court. It was only thereafter, the Government issued an order in
G.O.Ms.No.359, Health and Family Welfare Department dtd. 26/4/2004 regularizing the services of
Thiru.A.Ramalingam in the cadre of Health Inspector. In fact, the Government sanctioned a
supernumerary post to give promotion to Thiru.A.Ramalingam, taking into account the order passed
by the Tribunal. The case of Thiru.Ramalingam therefore cannot be treated as a precedent for the
simple reason that it was not decided on merits. The Tribunal notwithstanding the non availability of
post, allowed the claim as the Government Pleader was not in a position to submit its response. The
case of Thiru.Ramalingam therefore, could not be of any help to decide the claim made by the
appellants.
19(iv) Promotion cannot be a matter of right, solely on account of the possession of

required qualification :-

(a) The appellants made a claim for promotion contending that they had acquired the Sanitary
Inspector Certificate which is the qualification for Block Health Inspector and as such, they should be
given promotion from the date of acquisition of such qualification.
(b) There is no question of giving promotion taking into account the qualification acquired
by the employees, unless there is a vacancy. Mere possession of qualification would not entitle the
appellants to claim retrospective promotion in a post in which they have not actually worked.
20. The relevant Supreme Court judgment:-
(a) The order dtd. 7/5/2013 in Civil Appeals 4483 to 4485 of 2013 etc. batch would cover
the issue raised in these appeals. The judgment dtd. 7/5/2013 concluded the issue against the
appellants.
(b) The High Court by its judgment dtd. 23/7/2010, quashed paragraph 6(iv) and (v) of the
Government Order in G.O.Ms.No.382 dtd. 12/10/2007. The High Court ruled in favour of the
erstwhile Leprosy Inspectors and directed the Government to fix their seniority in the cadre of Health
Inspectors Grade I, by giving the benefit of service from 27/6/1997. It was declared that they are
eligible for promotion on completion of five years of service as Health Inspectors Grade I, with a rider
that they would be placed in the bottom of the seniority of the serving Health Inspectors Grade I, as on
1/8/1997. It was this judgment which was challenged before the Hon'ble Supreme Court in Civil
Appeal No.4483 of 2013 etc. batch.
(c) The Hon'ble Supreme Court while confirming the judgment dtd. 23/7/2010, summarized
its conclusions in the following words.
i) The integration of Leprosy Inspectors into the Department of Health and Preventive
Medicine by G.O.Ms. No. 320 dtd. 27/6/1997 was complete in all respects.
ii) The aforesaid G.O. Ms. No. 320 dtd. 27/6/1997 did not bring about an amendment in the
Statutory Services Rules contained in G.O. Ms. No. 1507 dtd. 16/8/1989. The G.O.Ms. was
supplementary to the aforesaid Rules and did not supplant the same.
i i i ) T here w as no relaxa tion in the e duc a tiona l qua lif ic a tion f o r th e

integration/redesignation of Leprosy Inspectors as Multi Purpose Health Supervisors as the post of
Leprosy Inspector was equated with the post of Multi Purpose Health Supervisor. The qualifications
prescribed for appointment on the post of Multi Purpose Health Assistants redesignated as Health
Inspector Grade II were not applicable for the post of Multi Purpose Health Supervisor.
iv) Since, there was a complete integration of the posts of Leprosy Inspector and Multi
Purpose Health Supervisor by virtue of G.O.Ms. No. 320 dtd. 27/6/1997; both categories were entitled
to the same treatment. Therefore, Leprosy Inspectors redesignated as Health Inspector Grade IB were
entitled to the pay-scale of Rs.1350.002000 w.e.f. 1/8/1997 and the pay-scale of Rs.4500.007000
w.e.f. the same were given to Health Inspector Grade IA, with all consequential benefits.

v) Upon integration vide G.O.Ms. No. 320 dtd. 27/6/1997, Multi Purpose Health Supervisors and
Leprosy Inspectors were to be re-designated as Health Inspector Grade I. The birth mark of the
Leprosy Inspector got obliterated with the integration. There could be no further distinction in the
cadre of Health Inspector Grade I. There could be no such division as Health Inspector Grade IA and
Health Inspector Grade IB.
vi) Since Paragraph 6(iv) and 6(v) of G.O.Ms. No. 382 dtd. 12/10/2007 was in violation of
Articles 14 and 16 of the Constitution of India, they have been correctly struck down by the High
Court.
vii) The denial of seniority to the redesignated Health Inspectors Grade IB, i.e., erstwhile
Leprosy Inspectors on the post of Health Inspector Grade I w.e.f. 1/8/1997 to 12/10/2007 violated
Articles 14 and 16 of the Constitution of India. The Division Bench of the High Court has correctly
concluded that the integrated Leprosy Inspectors, re-designated as Health Inspector Grade IB are to be
re-designated as Health Inspector Grade I and to be given seniority as well as consequential reliefs
such as seniority and further promotions.
viii) The provision contained in Clause 6(v) of G.O.Ms. No. 382 dtd. 12/10/2007 denying
promotion of the re-designated Health Inspector Grade I to the post of Block Health Supervisor and
Technical Personal Assistant till the last person in the existing list of Health Inspector Grade I gets
promotion as Block Health Supervisor and Technical Personal Assistant, has been rightly held by the
High Court to be violative of Articles 14 and 16 of the Constitution of India.
ix) The continuance of the existing promotion channels as Non-Medical Supervisor and
Health Educator to the re-designated Health Inspector grade I (erstwhile Leprosy Inspectors) did not
amount to bestowing a double benefit upon this category. Therefore, the High Court did not enforce
negative equality. The High Court has correctly observed that upon integration and merger into one
cadre, the pre existing length of service of the Leprosy Inspectors redesignated as Health Inspector
Grade IB had to be protected as it can not be obliterated. Therefore, the Leprosy Inspectors have been
correctly placed at the bottom of the seniority list of the already existing Health Inspectors Grade I
w.e.f. 27/6/1997. Therefore, it can not be said that benefit has been given to the Leprosy
Inspectors/Health Inspector Grade IB/Health Inspector Grade I with retrospective effect.
21. In spite of the conclusiveness reached to the issue, the appellants made an unjustifiable
claim, based on the order in the case of Thiru.Dhanasekaran and Thiru.Ramalingam.
22. The Government Order in G.O.Ms.No.1507 dtd. 16/8/1989 was made effective
4/11/1988. The appellants were all appointed only after the cut off date. The appellants were not
Health Inspector Grade I, as on 1/8/1997. They are therefore not entitled to the benefits of the direction
to place the erstwhile Leprosy Inspectors (later Health Inspectors Grade I) at the bottom of the
seniority of the serving Health Inspectors as on 1/8/1997.
23. The appellants made an attempt to revive a lost claim by giving cosmetic changes to the
prayer. Their claim was rightly rejected by the Government and the learned Single Judge.

24. For the reasons aforesaid, we dismiss the intra court appeals. Consequently, connected
miscellaneous petitions are also dismissed."
(57.) We are in complete agreement with the said view taken by the Division Bench of this court in
the said Judgment, dtd. 30/8/2019. Since the entire issue has been covered by a comprehensive
decision taken by the Hon 'ble Supreme Court, dtd. 7/5/2013 made in C.A.No.4483 of 2013 and the
same has been implemented, it cannot be stated that, these writ petitioners are entitled to claim the
position of Health Inspector Gr.I from the date on which they hold the qualification of certificate as
prescribed under the rule.
(58.) If this plea of the petitioners are considered it would have a very disastrous consequence. The
reason being that, the Multi Purpose Health Assistants that is the petitioners had been appointed so in
1989-90 pursuant to the adhoc rules as per G.O.Ms.No.1507, dtd. 16/8/1989. The actual date fixed by
the rule is 4/11/1988. That is the reason why the first source of people who had been initially
appointed as Vaccinator, Cholera worker etc., had been redesignated as Multi Purpose Health
Assistants with effect from 4/11/1988 and subsequently promoted as Health Inspector Gr.I. Like that
the Leprosy Inspector also had been redesignated as they were equal to the Health Inspecor Gr.I.
(59.) These two promotions or redesignation has taken place in 1995 and 1997 respectively.
Thereafter some Lab Assistants also had got promotion in the year 1998. However, the petitioners case
are concerned, they were initially appointed as Multi Purpose Health Assistants pursuant to the adhoc
rules. Therefore at the time of their entering in to service as MPHA, they definitely should have the
certificate as a essential qualification. Therefore the logic that has been made by the Division Bench
Judgment, dtd. 13/7/2007 in Janarthanam etc., case as confirmed by the Hon 'ble Supreme Court in
C.A.No.6660 of 2011, dtd. 25/2/2015 is applied to the petitioners ' case, i.e., Multi Purpose Health
Assistants appointed in 1989-90, all these Multi Purpose Health Assistants who entered in the service
as such after the adhoc rules, since got the qualification at entry level, would have to be designated as
Health Inspector Gr.I, that means at the date of entry into service as Multi Purpose Health Assistants
itself, they all should be designated as Health Inspector Gr.I, thereby surpassing all seniors who had
entered the service very early., i.e., 1970 and so on and subsequently redesignated and promoted as
Health Inspector Gr.I, who are called Category I-A and I-B as has been discussed in the earlier
Judgments.
(60.) Such a retrospective double or triple promotion sought for by these petitioners by citing the
Judgment of the Division bench, dtd. 13/7/2007 is nothing but a total misconception of the issue.
(61.) The Supreme Court has given a quietus to the issue as has been rightly pointed out by the
Division Bench by order, dtd. 30/8/2019 that, how the combined seniority list should be prepared and
to be operated, in their order, dtd. 7/5/2013 made in C.A.No.4483 of 2013.
(62.) If that is acted upon, how such a combined seniority list now has been prepared and executed by
the State Government has already been discussed herein above, where over and above or overlooking
the I-B category, i.e., from Leprosy Inspector category, these Multi Purpose Health Assistant category

who were at that time only in the feeder category subsequently promoted as Health Inspector Gr.I
earned promotion in the year 2009 and 2010 to the post of Block Health Supervisor. If combined
seniority list is prepared, where these Multi Purpose Health Assistants source persons who promoted
as Health Inspector Gr.I are placed below the I-A and I-B category naturally their seniority would be
fixed therein, thereby if they earned promotion overlooking either I-A category or I-B category, such a
promotion is bad in law.
(63.) The reason being that, out of 2071 candidates from Sl.No.3924 to 5994 in the IB category only
1232 earned promotion, remaining 839 are yet to be given promotion. These 839 candidates are
seniors to these third source candidates namely Multi Purpose Health Assistant candidates like the
petitioners in the writ petitions.
(64.) When that being so, the promotion earned by these Multi Purpose Health Assistants category
people to the post of BHS, i.e., Block Health Supervisor, overlooking the 839 Health Inspector Gr.I
from I-B category is against the combined seniority list overlooking the seniors. Therefore from such a
promotion earned by them these juniors are to be necessarily reverted.
(65.) Though this exercise had already been undertaken by the Government and they issued the
reversion orders, that has been questioned by them in these writ petitions. The very same position had
been reiterated by us in our order, dtd. 25/7/2023 made in the Contempt Petitions, which we have
extracted herein above, where, in direction No.2 of Paragraph 9, we made it clear that, the promotees
who earned such promotion in the third category commencing from Sl.No.5995 till Sl.No.7732 also,
such list shall be prepared by the respondents, among them those who earned promotion and
superannuated need not be disturbed and the benefits already paid to them shall not be recovered. At
the same time, those who earned promotions in the third category but still working, as they are not
entitled to earn such promotion, they shall be reverted immediately. Therefore what has been done by
the Government in passing the impugned orders in these writ petitions have also been approved by us
by our order, dtd. 25/7/2023 while giving such set of directions to comply with the order passed by the
Supreme Court in the said Civil Appeal, dtd. 7/5/2013.
(66.) The order passed by the Supreme Court on 7/5/2013 cannot be overlooked or thrown to wind by
making an argument that the Supreme Court by subsequent order, dtd. 25/2/2015 in Civil Appeal
No.6660 of 2011 has upheld the order passed by the Division Bench, dtd. 13/7/2007 made in
W.P.No.29794 of 2005.
(67.) The reason being that, the petitioners covered under 13/7/2007 orders are not belong to third
category, i.e., Multi Purpose Health Assistant category and therefore such a benefit extended to them
cannot be extended to Multi Purpose Health Assistant category since they are admittedly juniors to
other two category people. That is the reason why while preparing the combined seniority list among
the three categories, who is to come first, who is to follow next and who is to come last have been
discussed and decided which in fact has been implemented by preparing the combined seniority list.
(68.) Therefore at no stretch of imagination, the prayer sought for in these writ petitions can be

acceded to.
(69.) The petitioners herein, admittedly belong to the third category, should be placed in the bottom of
the seniority list as stated supra. Therefore they have to necessarily earn promotion only when their
turn comes as per the combined seniority list.
(70.) In this context, unless the 839 in the second category are getting promotion even the very first
candidate of the third category like the petitioners cannot earn such promotion to the post of Block
Health Supervisor. Therefore whoever earned such promotion as Block Health Supervisor overlooking
the seniority naturally they have to face the reversion. Hence such a reversion order passed by the
State / Government in respect of these petitioners, which are challenged in these writ petitions, are
fully sustained and in accordance with law as well as the directions issued by this Court based on the
combined seniority list prepared by the Government of course pursuant to the order passed by the
Supreme Court, dtd. 7/5/2013. Therefore such a reversion orders cannot be said to be flawed or
erroneous or unlawful.
(71.) Therefore those orders being sustainable one are to be accepted and hence the prayer sought for
in all these writ petitions are liable to be rejected, accordingly, these writ petitions since deserve to be
dismissed.
(72.) In view of the orders passed in these writ petitions, the Sub Applications as well the Contempt
Petitions are to be closed.
(73.) Resultantly the Writ Petitions in W.P.Nos.29323, 31293, 31298, 31305, 31309, 31312 and
31314 of 2022 are dismissed and the Sub Application Nos.13 of 2020, 211 of 2022 and the
Cont.P.Nos.1380 of 2016, 2383 of 2022 are closed as indicated above. However, there is no order as to
costs. Consequently, connected miscellaneous petitions are closed.

Laws (Mad) 2024 3 37

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Licensed to :- R Arun Keerthi [Client Code :- 11307]

HIGH COURT OF MADRAS

Coram : R.Suresh Kumar, K.Kumaresh Babu JJ.

Decided On : March 28, 2024

V.RAGHAVACHARI, V.SRIMATHI, R.JAYAPRAKASH, M.RAVI, R.EZHILARASAN,

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Post the matter on 25/7/2023."

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Post the matter on 12/9/2023."

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(26.) Writ Petitions :

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19 (ii) Inapplicability of the case of Thiru.Dhanasekaran.

19 (iii) The peculiar case of Thiru.A.Ramalingam:-

The case of Thiru.A.Ramalingam was one of default. Thiru.Ramalingam filed original

19(iv) Promotion cannot be a matter of right, solely on account of the possession of

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20. The relevant Supreme Court judgment:-

i i i ) T here w as no relaxa tion in the e duc a tiona l qua lif ic a tion f o r th e

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