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2012 DIGILAW 2834 (MAD)

J. Amusu v. State of Tamil Nadu Rep By the Director of Public Health & Preventive Medicine, Chennai

2012-07-05

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner studied upto V Std. at the Panchayat Union Elementary School, Kadampankudi, Megalathur post, Thanjavur Taluk & District. He got registered her name with the Employment Exchange, Thanjavur on 14.08.1990. She underwent Dais training from 10.11.1989 to 09.12.1989 at Government Primary Health Centre, Bothalur. 2. The petitioner was appointed vide order dated 05.12.1991, on temporary basis as Female Attendant and posted at Koviladi Primary Health Centre. The petitioner was sent for departmental training from 06.03.1995 to 11.03.1995 at R.M.Hospital, Thanjavur which she successfully completed. 3. The case of the petitioner is that she has been stagnating in the initial grade of appointment for more than 10 years. Whereas the second respondent has appointed more than 20 persons as Health workers on consolidated wages of Rs.500/- (Rupees five hundred only), but the same benefit has not been extended to the petitioner. It submitted that of the 61 Dais appointed along with the petitioner, nearly 50 have left the service due to low pay. 4. It is the submission of the petitioner that the Government issued instruction vide G.O.Ms.No.292 dated 31.03.1992 for absorption of the employees paid from contingency. The instruction issued by the State Government vide G.O.Ms.No.292, provided that employees on completion of five years service, be brought on regular establishment in regular time scale of pay. 5. The petitioner filed representation with the respondent, keeping in view the service rendered and the fact that she was regularly paid bonus, to appoint her as Village Health worker, but no action has been taken on the representation. 6. On the facts stated hereinabove, the petitioner prays for direction to the respondents, to appoint the petitioner as Village Health worker on regular time scale of pay and also to direct the respondent to revise the pay scale by giving periodical increase. 7. The learned counsel for the petitioner, vehemently contends that the nature of duties performed by the petitioner require her to assist Village Health Nurse in Primary Health Centre, therefore, she is also entitled to regular time scale of pay. 8. On consideration, I find no force in this writ petition. No material on record showing that the post held by the petitioner is cadre post carrying time scale of pay which could be directed to be paid to the petitioner. 8. On consideration, I find no force in this writ petition. No material on record showing that the post held by the petitioner is cadre post carrying time scale of pay which could be directed to be paid to the petitioner. The prayer of the petitioner to direct the respondent to appoint the petitioner as Village Health worker also cannot be accepted, as this Court cannot give direction for appointment of ineligible person, as it is not shown whether petitioner fulfills the qualification, nor it is disclosed how the post of health worker is to be filled up under the rules. It is settled law that while filling the public post all eligible persons have to be considered. The direction as prayed for would be hit by Article 14 and 16 of the Constitution as it will amount to denying right of consideration to other eligible persons. 9. For the reasons stated hereinabove, the relief claimed by the petitioner cannot be granted. No merit. "Dismissed".