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2016 DIGILAW 1731 (MAD)

P. Nallathambi v. State of Tamilnadu represented by the Secretary to Government, Health and Family Welfare Department

2016-06-01

B.RAJENDRAN

body2016
ORDER : By consent, the writ petition is taken up and disposed of at the admission stage itself. 2. This Writ Petition has been filed to issue a Writ of Mandamus to direct the 2nd respondent to prepare the seniority list of Food Safety Officers duly taking note the date of acquiring the qualification as held by the Apex Court in the case of Director of Public Health and Preventive Medicine and another v. M.Janarthanam (Civil Appeal No.6660/2011), dated 25.02.2015. 3. All the petitioners were initially appointed as Health Inspector Grade-II in the Health and Family Welfare Department in the Directorate of Public Health and Preventive Medicine and all the petitioners have also undergone three months training in Food Inspection and Sampling conducted by Food Analysis Laboratory in the Department as per Rule 8(a) of the Prevention of Food Adulteration Act, 1954. The Government has formed a new Department called Tamilnadu Food Safety and Drug Control Administration Department and has created various posts including the post of Designated Officers and Food Safety officers in rural and urban areas and the petitioners were re-deployed to the new department as Food Safety Officers under the control of the 2nd respondent. The seniority list in the post of Food Safety Officer has to be prepared for making further promotion to the post of Designated Officer. The petitioners submitted representations to the respondents requesting them to prepare the seniority list taking note of the date of acquiring the qualification to the post of Food Inspector, as appointment to the post of Food Inspector were originally made after completion of three months training them in the Food Inspection and Sampling at Food Analysis Laboratory, Tamilnadu. The date of initial appointment of the entry post cannot be taken as a basis for determining the seniority, since the eligibility qualification and other requirements for appointment in different posts are entirely different. The petitioners are duly qualified but the said seniority list is yet to be prepared and finalized. Hence, this writ petition has been filed. 4. Mr.M.Gnanasekar, the learned counsel for the petitioners would submit that the petitioners would be satisfied if their representations are directed to be considered and appropriate orders are passed. 5. The petitioners are duly qualified but the said seniority list is yet to be prepared and finalized. Hence, this writ petition has been filed. 4. Mr.M.Gnanasekar, the learned counsel for the petitioners would submit that the petitioners would be satisfied if their representations are directed to be considered and appropriate orders are passed. 5. Mr.Dig Vijaya Pandian, the learned Additional Government Pleader, who takes notice for the respondents, has got no serious objection in directing the respondents to consider the representations of the petitioners and pass appropriate orders on merits and in accordance with law. 6. Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioners, directs the 2nd respondent to consider the representations of the petitioners, dated April, 2016 and pass appropriate orders in the light of the judgment of the Apex Court in the case of Director of Public Health and Preventive Medicine and another v. M.Janarthanam (Civil Appeal No.6660/2011), as expeditiously as possible. 7. The Writ Petition is disposed of accordingly. No costs.