LexS. SIVAGURU versus STATE OF TAMIL NADU & ORS.
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(2013] 13 S.C.R. 291 I .'!( S. SIVAGURU A v. STATE OF TAMIL NADU & ORS. (Civil Appeal No. 4483-4485 of 2013) MAY 07, 2013 B [SURINDER SINGH NIJJAR AND H.L. GOKHALE, JJ.] Service Law: Promotion/Seniority - Merger/integration of the posts c under different Schemes into 'multipurpose Health Workers' - The posts of Health Workers were subsequently categorized into 'Health Inspector Grade I' and 'Health Inspector Grade //' - Health Inspector Grade I/ promoted as Health Inspector Grade I by upgradation of the posts as a one time measure D ¥ - By G.O. No. 320 dated 27.6.1997 on integration of 'Leprosy Eradication Scheme' with 'Multipurpose Health Workers Scheme', the 'Leprosy Inspectors' were re-designated as 'Health Inspector Grade IB' and the existing 'Health Inspectors Grade·/' were re-designated as 'Health Inspectors Grade IA - E By G.O. No. 382 dated 12.10.2007 the post of Health Inspectors Grade IA and IB were re-designated as 'Health Inspector Grade I' and the Health Inspectors of Grade IB were -~ en-block placed below the Health Inspectors Grade IA in the seniority list - Denial of seniority to the re-designated Health F Inspectors Grade IB - Propriety of - Held: Denial of seniority to the re-designated Health Inspectors Grade 18 was violative of Articles 14 and 16 of the Constitution - The birth mark of Leprosy Inspector got ob/iterated with its initial integration - Hence there could not have been further distinction in the ,}-- cadre of Health Inspector Grade I - The erstwhile Leprosy G Inspectors/Health Inspectors Grade 18/Hea/th Inspector Grade I are entitled to their seniority from the date of initial integration i.e. w.e.f 1st August, 1997. 291 H 292 SUPREME COURT REPORTS [2013) 13 S.C.R. A By order dated 29.9.1982, the Health Workers in the --X i Health Department (Multi Purpose Health Workers and 'Unipurpose Health Workers') were integrated into one a 'Multipurpose Health Workers'. Thereafter in 1988, the employees engaged in the Family Welfare were also B integrated therein. In 1989 statutory Rules were framed which were made applicable to 'Multipurpose Health Workers Scheme'. By the Rules Class I and Class II posts were \- notified as 'Multipurpose Health Assistant' and C 'Multipurpose Health Supervisors'. The Rules prescribed the essential qualifications for 'Multipurpose Health Assistants'. By G.O. No. 593 dated 11.9.1995 categorized D 'Multipurpose Health Supervisors' and 'Multipurpose Health Assistants' as Health Inspectors Grade I and Grade -+ II. Thereby Health Assistants/Health Inspectors Grade II were to be promoted as Health Supervisors/Health Inspectors Grade I by upgradation of post as a one time E measure, provided they had served on the post for 20 years and had crossed the age of 50 years. By G.O. No. 320 dated 27.6.1997 'l-eprosy Eradication Scheme' was also integrated with 'Multipurpose Health t- F Workers Scheme'. After the integration, the existing 'Health Inspector Grade I' was re-designated as 'Health Inspector Grade IA' and the Leprosy Inspectors were re- designated as 'Health Inspector Grade IB. In 2006, there was proposal by the Government to re- G designate 'Health Inspectors Grade IB' as 'Health ~ Inspectors Grade I' after imparting one week in-service training to them. The proposal was accepted by G.O. No. 382 dated 12.10.2007, and as per Clauses 4 and 5 of Para 6 of the G.O., they were en-block placed below the H S. SIVAGURU v. STATE OF TAMIL NADU 293 existing Health Inspectors Grade I, in the Seniority List A and were to get promotion to the next post only after the last person in the existing seniority .List of Health Inspector Grade I. The ~aras 4 and 5 of Claus.e 6 of G.O. No. 382 were challenged by the re-designated Health Inspectors Grade I (employees of erstwhile Leprosy B Scheme). The exi.sting Health Inspectors (Grade I) also challenged the G.O. No. 382. --j State of Tamil Nadu issued G.O. No. 73 dated 26.2.2008 whereby the department was permitted to c implement orders of High Court dated 21.11.2007 whereby it was held that only those Health Inspectors Grade I, who had 'Sanitary Inspector Course Certificate' were entitled to be considered for promotion. Thereafter the Health Inspectors Grade I, who D . .r- possessed 'Sanitary Inspector Course Certificate' or 'Multipurpose Health Course Certificate' filed a batch of writ petitions praying for restraining the department
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