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2015 DIGILAW 876 (MAD)

Tamil Nadu Sanitary Supervisors Association, Rep. by its President K. Karuppaiah v. State of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration & Water Supply Department

2015-02-12

V.M.VELUMANI

body2015
Judgment :- The petitioner Association has filed the present writ petition seeking to issue a direction to the respondents to fill up the vacancies to the post of Sanitary Inspector as per Regulations (2) of Tamil Nadu Municipal Public Health Service Regulations, 1970 with eligible persons working in the post of Sanitary Supervisors/Field Assistants, by recruitment, transfer by allowing them to complete the Condensed Training Programme for Sanitary Inspector Course to be conducted by the fourth respondent. 2. The petitioner Association is a recognised Association with Recognition No.1069 of 1979 issued by the Public Health Department, formed with an object for protecting the interest of the members of the Association, who are working as Sanitary Supervisor/Filed Assistant in the local bodies within the State of Tamil Nadu. The petitioner Association has filed the present writ petition seeking protection to the members of the Association, in getting appointment to the post of Sanitary Inspector by transfer of services as per Rules by sending the members for training programme for Sanitary Inspector Course conducted by the fourth respondent. The petitioner Association filed this writ petition on behalf of 40 Sanitary Supervisors and 10 Field Assistants to allow them to undergo training for Sanitary Inspector Course to be considered for appointment to the post of Sanitary Inspector by transfer of service as per Tamil Nadu Public Health Service Regulations, 1970. 3. The post of Sanitary Inspectors/Field Assistants are governed by provisions of Tamil Nadu Municipal (Non-centralised Regular) Public Health Establishment Regulations, 1976. As per the said Regulation, there is no avenue for further promotion to the post of Sanitary Supervisors/Field Assistants. They are entitled for promotion to the post of Sanitary Inspector by transfer of service as per the Tamil Nadu Public Health Regulations, 1970 [hereinafter referred to as "the Regulations"]. As per Regulation 2 of the Regulations, the Sanitary Inspectors can be appointed by transfer from Field Assistant or Sanitary Supervisor coming under the Tamil Nadu Municipal (Non-centralised Regular) Public Health Establishment Regulations, 1976 or by direct recruitment if no qualified Field Assistant or Sanitary Supervisor is available. 4. Till the year 1981, the post of Sanitary Supervisors/Field Assistants were coming under the control of Health Department and thereafter, they have been brought under the control of Municipal Administration Department to enable the Sanitary Supervisors/Field Assistants working in the local bodies to get promotion to the post of Sanitary Inspector. 4. Till the year 1981, the post of Sanitary Supervisors/Field Assistants were coming under the control of Health Department and thereafter, they have been brought under the control of Municipal Administration Department to enable the Sanitary Supervisors/Field Assistants working in the local bodies to get promotion to the post of Sanitary Inspector. After 1981, the Health Department stopped conducting Certificate Course. Hence, the Sanitary Supervisors/Field Assistants have to undergo the Sanitary Inspector Certificate Course in Gandhigram Rural Institute, a Government recognised deemed University. The said Institute abolished the Sanitary Inspector Certificate Course and started P.G. Diploma Course in Sanitary Science for which the basic qualification is prescribed as B.Sc., [Chemistry]. 5. On the representation of the petitioner Association, the first batch of 36 persons were given training. Another batch was given training as per directions of this Court, dated 07.09.2006, made in M.P.No.1 of 2006 in W.P.No.31795 of 2006. In the year 2010, another batch was given training and they were promoted as Sanitary Inspectors in July 2010. 6. In the year 2011, another list of eligible Sanitary Supervisors/Field Assistants, were forwarded to the third respondent, who did not take any action to forward the list to the fourth respondent to conduct training. It is incumbent on the respondents to assess the number of vacancies every year and prepare the list of eligible candidates to undergo training programme in order to fill up the existing vacancies to the post of Sanitary Inspectors. 7. The respondents have failed to sponsor the eligible persons to undergo training and failed to conduct training. Therefore, the petitioner Association has filed the present writ petition for the relief stated supra. 8. The third respondent has filed counter affidavit. In the counter affidavit, it has been stated that the Sanitary Supervisors/Field Assistants can get training and can obtain the Health Inspector Certificate. The respondents will not sponsor the Sanitary Supervisors/Field Assistants for training programme. They have to get training at their own costs availing eligible leave from service. 9. 8. The third respondent has filed counter affidavit. In the counter affidavit, it has been stated that the Sanitary Supervisors/Field Assistants can get training and can obtain the Health Inspector Certificate. The respondents will not sponsor the Sanitary Supervisors/Field Assistants for training programme. They have to get training at their own costs availing eligible leave from service. 9. On implementation of the Pay Commission and based on the recommendation of one man Commission constituted to redress the grievances in implementation of the Pay Commission, the one man Commission recommended that the qualification prescribed for the post of Sanitary Inspector in Municipalities and Town Panchayats is very low and hence, recommended to prescribe higher qualification for the post of Sanitary Inspectors giving due protection to existing incumbents. Hence, the third respondent, in R.O.C.No.38571/2011/J1, dated 22.08.2011, has sent a proposal to the Government to amend the Tamil Nadu Municipal Public Health Service Regulations, 1970, to fix B.Sc.[Chemistry] as minimum educational qualification with Health Inspector's Certificate for appointment as Health Inspectors. The said proposal is pending with the first respondent. Hence, the list was not forwarded for conducting training. 10. The third respondent filed additional counter affidavit stating that the requirement for appointment of Sanitary Inspector had been amended as B.Sc. [Chemistry] with a Sanitary Inspector's Certificate by G.O.(Ms)No.104, Municipal Administration and Water Supply (ME.III) Department, dated 20.11.2012. Therefore, the third respondent prayed for dismissal of the writ petition. 11. I have perused all the materials on record and considered the arguments put forth by the learned counsel appearing for the parties. 12. Originally, the Sanitary Inspector post was filled up by transfer from persons working as Sanitary Supervisors/Field Assistants with Sanitary Inspector's Certificate. Educational qualification for Sanitary Supervisor is S.S.L.C. and for Field Assistant is Eighth Standard. The candidates, who possess the Health Inspector Certificate can be promoted by transfer as Sanitary Inspector. They have to obtain the Health Inspector Certificate at their own cost by undergoing necessary training conducted by recognised Institutions. The cost of training will not be paid by the third respondent. The eligible candidates will be given training only on their willingness to undergo the training. Now, by amendment, the Educational qualification for Sanitary Inspector is prescribed as B.Sc. [Chemistry]. The cost of training will not be paid by the third respondent. The eligible candidates will be given training only on their willingness to undergo the training. Now, by amendment, the Educational qualification for Sanitary Inspector is prescribed as B.Sc. [Chemistry]. The said amendment reads as under: " AMENDMENTS In the said Regulations, in regulation 6, in the tabular column,- (1) under Class II, in column (2), against the entry "Categories 1 and 2" in Column (1), for Clause (a) the following clause shall be substituted, namely:- "(a) Must have worked as Sanitary Inspector."; (2) under Class IV, in column(2), against the entry "Category 1" in Column (1), in clause (a), for the expression "Must possess a Sanitary Inspector's Certificate", the following expression shall be substituted, namely:- "Must possess a degree in B.Sc., (Chemistry) with a Sanitary Inspector's Certificate."" 13. In view of the amendment effected pending writ petition and there is no compulsion on the members of the petitioner to undergo the training, the petitioner Association is not entitled to the relief sought for in the writ petition. 14. In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.