w w w . L a w y e r S e r v i c e s . i n

L. Chinnathambi v/s Secretary to Government, Department of Public Healthcare & Family Welfare, Chennai & Others

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB2004PTC047381

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2004PTC027689

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Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- M J HEALTHCARE PRIVATE LIMITED [Active] CIN = U93090PN2008PTC132455

Company & Directors' Information:- S J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190MH2005PTC153435

Company & Directors' Information:- G J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB1998PTC021049

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- K G HEALTHCARE LIMITED [Active] CIN = U85110TZ1995PLC006402

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- A L B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110UP2002PTC026786

Company & Directors' Information:- S B M HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U33112DL2005PTC140703

Company & Directors' Information:- S A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100OR2014PTC018365

Company & Directors' Information:- AND HEALTHCARE LIMITED [Active] CIN = U51909PB2017PLC046446

Company & Directors' Information:- D. S. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232WB2007PTC115617

Company & Directors' Information:- B N HEALTHCARE PRIVATE LIMITED [Active] CIN = U15412AS2000PTC006258

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- M M D HEALTHCARE LIMITED [Active] CIN = U65921CH1996PLC017595

Company & Directors' Information:- A AND R HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL1999PTC102404

Company & Directors' Information:- K. N. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85320RJ2018PTC061003

Company & Directors' Information:- R F B HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190DL2021PTC384643

Company & Directors' Information:- M S HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239MH2001PTC130893

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- L. J. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HR2019PTC078493

Company & Directors' Information:- J. R. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191UP2013PTC054982

Company & Directors' Information:- M A P H HEALTHCARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U85100WB2010PTC144870

Company & Directors' Information:- N. C. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191DL2007PTC164437

Company & Directors' Information:- N Y HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2010PTC063348

Company & Directors' Information:- H 4 HEALTHCARE PRIVATE LIMITED [Active] CIN = U15100MH2021PTC353283

Company & Directors' Information:- D. B. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33205MH2014PTC253439

Company & Directors' Information:- K S V HEALTHCARE PRIVATE LIMITED [Active] CIN = U85195HR2011PTC043767

Company & Directors' Information:- N M HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110MH2000PTC125392

Company & Directors' Information:- T K HEALTHCARE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U85190MH2003PTC139346

Company & Directors' Information:- A R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034820

Company & Directors' Information:- I P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL2003PTC121211

Company & Directors' Information:- A 2 Z HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2010PTC208860

Company & Directors' Information:- K. D. HEALTHCARE INDIA PRIVATE LIMITED [Strike Off] CIN = U85100DL2015PTC281658

Company & Directors' Information:- A P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230MH1999PTC122520

Company & Directors' Information:- K Y O S HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U51397HP2010PTC031280

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- K. B. B. K. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110RJ2013PTC041465

Company & Directors' Information:- T.H.E. HEALTHCARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U33111MH2012PTC229451

Company & Directors' Information:- J S B HEALTHCARE PRIVATE LIMITED [Active] CIN = U74120MH2013PTC248848

Company & Directors' Information:- J S D HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046578

Company & Directors' Information:- S V T HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100TZ2009PTC015287

Company & Directors' Information:- A N S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HP2011PTC031745

Company & Directors' Information:- J M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230CH2007PTC030943

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- R S M HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC136255

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- N T HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2012PTC241304

Company & Directors' Information:- R A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85190DL2009PTC188221

Company & Directors' Information:- G & G HEALTHCARE PRIVATE LIMITED [Active] CIN = U51397HR2015PTC057293

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

Company & Directors' Information:- L. V. G. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24233GJ2006PTC047749

Company & Directors' Information:- S H G HEALTHCARE PVT LTD [Strike Off] CIN = U85110WB1989PTC047231

    W.P. No. 8481 of 2020 & W.M.P. No. 10230 of 2020

    Decided On, 08 July 2020

    At, High Court of Judicature at Madras


    For the Petitioner: C. Umashankar, Advocate. For the Respondent: J. Ramesh, Additional Government Pleader.

Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records pertaining to the issuance of Order Na.Ka. No.1843/E4/2013, dated 13.3.2020 (served on 25.3.2020) by the 3rd Respondent herein and quash the same and consequently direct the Respondents herein to reappoint the Petitioner in the permanent post of Mazdoor (Field Worker) in Dharmapuri District with all benefits.)

1. (The matter is taken up through web hearing).

2. The Writ Petition has been filed challenging the Order of the Third Respondent, dated 13.3.2020 terminating the Petitioner from service. Brief facts are necessary necessitating the grant of extraordinary Interim Order and also proposing to take action against the Third Respondent for his contemptuous conduct.

3. The Petitioner has originally approached this Court by filing W.P. No.6635 of 2012 for regularization of his service as Mazdoor, since despite his continuous employment on a temporary basis, he was not regularized. When a Representation was made, the same was rejected on 13.6.2011. Challenging the same, the above said Writ Petition was filed.

4. This Hon'ble Court after consideration of rival submissions, had passed a detailed Order on 20.3.2018 directing the Respondents as under:

€œ20. In the light of the above findings, this Court directs the Respondents/ Contempt Authorities to consider the claim of the Petitioner for permanent absorption in any one of the existing vacancies on the basis of his continuous employment from 2006 till 2016 and pass orders accordingly, within a period of 8 weeks from the date of receipt of a copy of this Order. The Authority shall take into consideration the above observations of this Court as well as the exception carved out by the Hon'ble Supreme Court of India in the case of Umadevi as found in Paragraph No.53 of the Judgment as well as the other Supreme Court Judgment relied on by the learned Counsel for the Petitioner.€

5. The Third Respondent, who appears to be the Competent Authority, in implementing the direction of this Court has passed an order on 11.6.2018 rejecting the claim of the Petitioner once again stating that the claim of the Petitioner could not be acceded to in view of the decisions of the Hon'ble Supreme Court of India and also referred to a Division Bench Judgment of this Court. The Rejection Order prima facie appears to be a wanton slight on the specific direction issued by this Court in the above Paragraph.

6. A Contempt Petition was filed in C.P. No.1652 of 2018 and Notice was ordered. The Contempt was filed for wilful disobedience of the official concerned in implementing the directions of this Court. After Notice was ordered, finally an Order was passed on 22.2.2019 by the Third Respondent, appointing the Petitioner as Field Worker on a regular time scale. However, it is mentioned in the Order that the Petitioner's appointment was subject to the result of the Writ Appeal pending against the direction of this Court. On the basis of the subsequent development, the Contempt Petition was closed on 22.3.2019.

7. After closure of the Contempt Petition, it appears that the Writ Appeal, which was filed with a delay of 372 days came up for consideration before the Hon'ble Davison Bench and the Hon'ble Division Bench, by its Order dated 24.9.2019, dismissed the Civil Miscellaneous Petition for condonation of delay and the Writ Appeal was also rejected at the SR stage. The Hon'ble Division Bench was incorrectly informed that the Authorities had infact rejected the claim of the Petitioner and the rejection was in compliance of the Order passed by this Court in the Writ Petition, without disclosing the subsequent development being the Order passed by the Third Respondent dated 22.2.2019 granting regular appointment to the Petitioner.

8. The case then took an ugly turn when the Third Respondent, on the basis of the rejection of the Writ Appeal filed by the department has now passed the Order of Termination of the Petitioner from service as if the Writ Appeal was filed by the Petitioner. Obviously, the Third Respondent who passed the Order has not understood under what circumstances, the order in Writ Appeal came to be passed on 24.9.2019.

9. Be that as it may. The Third Respondent, who is aware of the Regular Appointment Order issued to the Petitioner on 22.2.2019, cannot suo motu undo the order by terminating the service of the Petitioner when a Division Bench of this Court has not dealt with the Appeal on merits.

10. From the facts as shortly narrated above, it appears that the Order passed by the Third Respondent is either an outcome of blissful ignorance or out of deliberate disregard to this Court's Order and also Order passed earlier by the Office of the Third Respondent itself. In the opinion of this Court, both ways there is a brazen contemptuous conduct on the part of the Third Respondent and it only reflects the scant regard of the administrative responsibility vest in him. Even if it is done without understanding the implication of his action, it only again reflects on his poor cognitive function of the Third Respondent.

11. Therefore, this Court is prima facie of the view that the Third Respondent appears to have exhibited spiteful conduct in passing the impugned Order in the light of the above factual narrative.

12. In the above circumstances, this Court is constrained to stay the impugned Order of Termination, dated 13.3.2020 of the Third Respondent, as the order, in the prima facie opinion of this Court, is a nullity. Accordingly, the impugned Order of Termination, dated 13.3.2013 is stayed, with a direction to restore the employment of the Petitioner, forthwith.

13. In view of the contemptuous conduct, the Third Respondent, viz., the Deputy Director of Health Service, Dharmapuri District, is directed to appear before this Court through Video Conference on 15.7.2020, without fail. This Court is constrained to pass this Order, despite the Covid-19 situation, as the crass conduct of the Third Respondent is too serious and deprecatory, displaying officious supercilious disposition to be ignored by this Court and deferred. The Third Respondent is directed to explain in writing as to on wha

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t basis the impugned Order was passed by him. 14. A copy of the Order is directed to be furnished to Mr. J. Ramesh, Additional Government Pleader who is inturn is directed to inform the Third Respondent of this Order marking a copy to him, forthwith. Mr. P.S. Siva Sanmugasundaram, the learned Special Government Pleader, who appeared before Division Bench is also directed to explain as to why correct facts were not placed before the Division Bench when he appeared for the Appellants/Department, when the learned Division Bench passed the Order on 24.9.2019. 15. The Registry is directed to serve a copy of this Order to Mr. P.S. Siva Sanmugasundaram, the learned Special Government Pleader.