T.G. Madhavaraman vs Deputy Director of Health Services

N. Paul Vasanthakumar, J.—In this writ petition, petitioner seeks to direct the respondents to appoint him as Pharmacist as per the seniority

list.

Petitioner has passed diploma in Pharmacy in the year 1985 and he registered his name with the Employment Exchange on 19.7.1985 at

Ramnad District. He attended interview for the post of Pharmacist in the Primary Health Centre from the year 1985 and so far he had attended

numerous interview. On 7.12.1998, respondent called for an interview for the post of Pharmacist in Ramanathapuram District Health Centre for

four vacant posts. Petitioner''s seniority number was 4 in BC list. Petitioner attended the interview on 17.12.1998 with all certificates, but he was

not selected even though he is senior in the District. According to the petitioner some of his juniors were given appointments overlooking his

seniority. It is the specific case of the petitioner that the appointments are made based on the seniority in the Employment registration only and

therefore petitioner has filed the present writ petition with the above prayer.

A counter affidavit has been filed by the respondent stating that no direction or instruction was received by the respondent stating that selection

for the post of Pharmacist should be made only according to the employment seniority and therefore the claim of the petitioner that the appointment

of the candidates, not selected on seniority basis is not correct and that the denial of appointment to petitioner is as per the existing rule.

The learned Counsel for the petitioner produced Government Order by notification, wherein the Government has issued guidelines for filling up

the vacant posts in the Pharmacist post in the Government Hospitals. In the notification of the Government, guidelines were issued by the Health

and Family Welfare Department and the said notification is extracted hereunder,

Filling up of vacancies - Orders Government of Tamil Nadu Abstract

Establishment - Pharmacists posts under the purview of Director of Medical Education and Director of Medical and Rural Health Services - Filling

up of vacancies through Employment Exchange - Orders issued.

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O.Ms. No. 179, Personnel and Administrative Reforms Department dated 2.6.1995

G.O.Ms. No. 141, Personnel and Administrative Reforms(s) Department dated 15.6.1998.

From the Director of Medical & Rural Health Services, Chennai - 6.

Ref: No. 16084/E5/2/2000, dated 21.4.2000

ORDER

The filling up of vacancies of Pharmacists is one of the demands of the Tamil Nadu Government Pharmacist Association. The Director of Medical

and Rural Health Services has stated that there are 81 vacancies of Pharmacists under his control and 46 vacancies consequent on deputation to

Tamil Nadu Medical services Corporation and thus totalling 127 b2 vacancies on Director of Medical and Rural Health Services side. There are

45 post of Pharmacists vacant on Director of Medical Education Side as reported by the Director of Medical Education. Therefore, the Director

of Medical and Rural Health Services and the Director of Medical Education have request the Government to permit them for filling up of the

existing vacancies of pharmacists posts numbering 172 as mentioned above.

The Government have carefully examined the above proposals of the Director of Medical and Rural Health Services and Director of Medical

Education in accordance with the revised procedure now laid down in the G.O.second read above with record to the filling up of entry level posts.

Accordingly, the Government permit the Deans / Joint Directors / Deputy Directors of Health Services under the control of Director of Medical

Education / Director of Medical and Rural Health Services, being the appointing authorities to the post of pharmacist to fill up the 172 posts of

Pharmacists by drawing a list of candidates from the employment exchange and making appointments purely based on employment exchange

seniority by following the rule of reservation as envisaged under General Rule 22 and latest instructions issued in this regard from time to time so

that the services in the Government Hospitals could be rendered smoothly without any hindrance.

This order issues with the concurrence of Personnel and Administrative Reforms Department vide its U.O. No. 21465/C/2000-1 dt.24.4.2000

and also with the concurrence of finance Deptt vide its U.O. No. 1303/FS/P/2000, dt.27.4.2000.

(BY ORDER OF THE GOVERNOR)

V. VISWANATHAN

SECRETARY TO GOVERNMENT

A perusal of the above instructions clearly demonstrate that 172 posts were created and according to the learned Counsel for the petitioner,

number of juniors to the petitioner were appointed in the said vacancy, but the petitioner was not given appointment and he was not appointed and

the same is illegal. Learned counsel further submitted that during the pendency of the original application, the respondent herein by order dated

20.6.2005, appointed the petitioner for a consolidated pay of Rs.2,500/- per month for two years and the petitioner also joined as Pharmacist

immediately and he is serving as Pharmacist in the Government Primary Health Centre, Thondi. The grievance of the petitioner is that even though

he was denied appointment in the year 1998 and 2000 in spite of he having Employment seniority, now the petitioner was appointed only in

consolidated salary of Rs. 2,500/- and the said action virtually takes away the right of the petitioner in getting time scale of pay for no fault of the

petitioner.

Taking note of the overall facts and circumstances of the case and taking into consideration the petitioner''s employment seniority, wherein he

was placed in Sl. No. 4 in the year 1998, I feel interest of justice will be met by directing the respondent to give him time scale of pay from the

date of his appointment on 20.6.2005. By giving the same petitioner''s grievance can be partially remedied. The petitioner cannot be appointed

from 1998 as he was not selected and appointed and by doing so the rights of the persons appointed and working from 1998 onwards will be

affected. It is well settled in law that right to get salary arises only from the date of appointment and not from an earlier date. Hence the time scale

of pay applicable to the Pharmacist post shall be calculated and paid to the petitioner from the date of his joining in duty in the Government Primary

Health Centre, Thondi, within four weeks from the date of receipt of copy of this order.

The writ petition is allowed in the above terms. No costs.