A John Kulandairaj vs Government of Tamil Nadu

K. Ravichandra Baabu

In this Writ Petition, the petitioner challenged the order passed by the second respondent dated 07.03.2007 and consequently, sought for a direction to the respondents to impart six months training and to post him as Health Inspector Grade-I as per G.O.Ms.No. 216, dated 12.06.2007 of the Health and Family Welfare (N-1) Department. The case of the petitioner is that he was appointed as a Driver on 05.02.1988 and his probation period was also approved with effect from 04.02.1990. The petitioner had completed more than 19 years of service as Driver. However, the petitioner was not provided with any promotion opportunities, despite of repeated request and representations made to the respondents. On 19.01.1996, he made one representation to the Government to promote him in a suitable post. To the request made by the petitioner, the first respondent through his communication dated 26.12.1996 informed the petitioner that the post of Driver is governed by Tamil Nadu General Subordinate Service Rules and the petitioner is coming under the Tamil Nadu Medical Subordinate Service Rules and the scale of pay attached to the post of ''Driver'' and ''Junior Assistant cum Typist'' are identical. Therefore, the first respondent/Government informed the Director of Family Welfare, Chennai - 5, to inform the petitioner to apply for any suitable post, for which he is qualified. Though, the petitioner applied on several times to the respondents to promote him to any suitable post, the same was not considered. On the other hand, by the proceedings dated 07.03.2007, the second respondent rejected the petitioner''s request seeking for promotion to the post of Health Inspector Grade-II. Aggrieved against the said order, the present Writ Petition has been filed.

Heard the learned counsel for the petitioner as well as the respondents.

Admittedly, the petitioner was appointed as a Driver and he is working in such capacity all these years. The learned counsel for the petitioner submitted that the petitioner is highly qualified with B.B.A., and M.A., Degrees and he ought to have been considered for a suitable post by way of promotion. When the petitioner is working as a Driver, it appears that there are no promotional post from the feeder category of Driver. If that be the position, the petitioner has to apply only for any suitable post, as rightly indicated by the first respondent through his communication dated 26.12.1996. Without making any application to the suitable post, seeking promotion to the post of Health Inspector Grade II, to which, certainly, the Driver post is not a feeder category, is not justifiable. Consequently, the order of rejecting such request of the petitioner does not warrant any interference by this Court. It is open to the petitioner to make necessary applications to the respondents to consider him for any suitable post. It appears that the petitioner had also made one such representation on 07.10.2007 to the first respondent.

Therefore, while disposing of the Writ Petition, I only direct the first respondent to consider the representation of the petitioner, dated 07.10.2007, by taking note of the earlier communication of the first respondent, dated 26.12.1996 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.