@JUDGMENTTAG-ORDER
D. Hariparanthaman, J.@mdashThe issue that arises for consideration in this Writ Petition is as to whether the period of service rendered by the petitioner as Basic Health Inspector from 1.7.1966 is to be counted or not for the purpose of grant of Selection Grade and Special Grade in the post of Multi Purpose Health Supervisor. Heard both sides.
2. The petitioner was appointed as Surveillance Field Worker on 2.5.1960. He came to be promoted as Surveillance Inspector on 25.9.1962, which post was later redesignated as Basic Health Inspector. His service as Basic Health Inspector was regularized from 1.7.1966. He passed Sanitary Inspector Course in 1972. He was posted as Health Inspector (Family Planning) on 4.4.1973, which is an equivalent post of Basic Health Inspector drawing the same scale of pay.
3. The posts of Health Inspector and Basic Health Inspector (qualified) constituting ''A'' Group, the posts of Health Assistants in Kanyakumari District and Senkottai Taluk (Government side), Cholera Supervisors and Health Assistants in Panchayat Unions constituting ''B'' Group and Basic Health Inspectors (unqualified) constituting ''C'' Group, were merged and redesignated as ''Multi Purpose Health Supervisors'' on 4.11.1988. Admittedly all these posts before merger carried different scale of pay.
4. The post of Basic Health Inspector is the promotional post to the Basic Health Workers/Surveillance Field Workers/Surveillance Field Inspectors. For promotion to the post of Basic Health Inspector, a pass in Sanitary Inspector Course is not the qualification prescribed. One can become Health Inspector from Basic Health Inspector, if he has passed the Sanitary Inspectors Course. The qualification required for appointment to the post of Basic Health Worker is SSLC with eligibility for pursuing College course.
5. The petitioner is in possession of SSLC for eligibility to pursue College course. Hence, he was promoted to the post of Basic Health Inspector as stated above. He was not a Basic Health Inspector (unqualified) and he was a Basic Health Inspector (qualified). When his service was regularized in the post of Basic Health Inspector from 1.7.1966, he was posted as Health Inspector with effect from 4.4.1973. Though one can become Health Inspector after passing Sanitary Inspectors Course, the scale of pay of Basic Health Inspector (qualified) and the scale of pay of Health Inspector are one and the same. The petitioner became Multi Purpose Health Supervisor from 4.11.1988 and he belonged to Group ''A''.
6. The claim of the petitioner is that his service from 1.7.1966, the date on which his service was regularized in the post of Basic Health Inspector (qualified), should be taken into account for the purpose of Selection Grade and Special Grade in the post of Multi Purpose Health Supervisor.
7. His claim is resisted by the respondents by pleading in the counter affidavit that since the petitioner was promoted from Basic Health Inspector to Health Inspector in 1973, he cannot seek to count the service for the purpose of Selection Grade and Special Grade. The learned Additional Government Pleader has vehemently contended that once the Government employee has secured promotion, he cannot seek to count the earlier service for the purpose of counting Selection Grade and Special Grade in the higher post.
8. As stated above, the Health Inspector post is not a promotional post to the post of Basic Health Inspector, since both posts carried the same scale of pay. The submission of the learned Additional Government Pleader that the post of Health Inspector belonged to different service and therefore it should be treated as promotion, cannot carry much weight.
9. The petitioner has heavily relied on the judgment of the Tamil Nadu Administrative Tribunal dated 13.12.1991 in T.A. No. 331 of 1990 (Writ Petition No. 12407 of 1985 in High Court, Madras) and it was filed by the Tamil Nadu Qualified Basic Health Inspectors Association, rep. by its President S. Thiruvanan.
In that case, the service rendered by Basic Health Inspectors prior to their pass in Sanitary Inspector course was not counted for the purpose of Selection Grade/Special Grade in Basic Health Inspector post. The claim of the association was allowed. The following passage in the order dated 13.12.1991 in T.A. No. 331 of 1990 is extracted hereunder:
The Sanitary Inspectors Course is not a qualification prescribed for the post of Basic Health Inspectors, the appointment to which is by promotion from among the holders of the post of Basic Health Workers, Surveillance Field Workers/Surveillance Field Inspectors. The qualification for appointment to the post of Basic Health Worker is S.S.L.C., with eligibility for College course. Sanitary Inspectors Certificate is a preferential qualification. Therefore, there is no basis for linking the sanction of Selection Grade to the certificate.
10. While it is not necessary for a person to possess Sanitary Inspector Course for promotion to the post of Basic Health Inspector, one should have passed Sanitary Inspector Course for appointment to the post of Health Inspector.
11. Further more, the Government issued G.O.Ms. No. 44, Health and Family Welfare Department dated 13.1.1993 directing to count the regular service put in by Health Assistants in Panchayat Union for grant of Selection Grade/Special Grade in the absorbed category of Multi Purpose Health Supervisor. The following passage in G.O.Ms. No. 44 is extracted hereunder:
3. The Tamil Nadu Provincialised Health Supervisors Association has represented that the past service put in the Panchayat Union in the category of Health Assistants may be counted for advancement to Selection/Special Grade in the absorbed category of Multipurpose Health Supervisors. The request of the said Association was considered in consultation with the Director of Public Health and Preventive Medicine. The Government after careful examination accept the request of the said Association. They accordingly direct that the regular services put in by the Health Assistants in Panchayat Union, who were absorbed as Multipurpose Health Supervisor counted for advancement to selection grade/special grade the absorbed category of Multipurpose Health Supervisor.
12. Therefore, I am of the view that the learned counsel for the petitioner is correct in his submission that if the service rendered by Health Assistant in Panchayat Union is counted for granting Selection Grade/Special Grade in the post of Multipurpose Health Supervisor, the service rendered by Basic Health Inspector and Health Inspector can also be taken into account for grant of Selection Grade/Special Grade in the post of Multipurpose Health Supervisor. Otherwise, it will be discriminatory. Further more, the post of Health Assistants would be considered as inferior to the posts of Health Inspectors and Basic Health Inspectors (qualified).
13. Further, when the petitioner sought certain information under the Right to Information Act, the Director of Public Health and Preventive Medicine replied to the petitioner in his letter Na.Ka. No. 3268/Pa. No. 1/02/Iru.2 dated 12.3.2008 that the service rendered by him from 1.7.1966 as Basic Health Inspector (qualified) shall be counted for the grant of Selection Grade with effect from 1.10.1978 and Special Grade for completing 20 years of service, after 1.10.1984. The relevant portion in the order dated 12.3.2008 of the Director of Public Health and Preventive Medicine is extracted hereunder:
14. At this juncture, the learned Additional Government Pleader has sought to argue that the Writ Petition is liable to be dismissed as the petitioner did not make any representation to the authorities before filing this Writ Petition. In my view, the said plea deserves to be rejected since no such plea is made in the counter affidavit. Further more, the petitioner has made various representations to the authorities that are enclosed in the typed set of papers.
15. I am of the view that the petitioner is entitled to succeed for three reasons, namely, (i) the order dated 30.12.1991 in T.A. No. 331 of 1990 of the Tamil Nadu Administrative Tribunal, (ii) G.O.Ms. No. 44, Health and Family Welfare Department dated 13.1.1993 and (iii) The order dated 12.3.2008 of the Director of Public Health and Preventive Medicine. Hence, the Writ Petition is disposed of with a direction to the respondents to grant Selection Grade/Special Grade in the post of Multipurpose Health Supervisors to the petitioner, on completion of 10/20 years of service by counting the service of the petitioner from 1.7.1966 as Basic Health Inspector. It is also made clear that the petitioner is also entitled to bonus increment that is given to all employees on completion of 30 years of service. The respondents are directed to pay the benefits as per the aforesaid direction, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
