The Hindu : New Delhi News : Apex court stays regularisation of health inspectors

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Saturday, Oct 06, 2007
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New Delhi

Apex court stays regularisation of health inspectors

J. Venkatesan

Bench directs listing of SLP for further hearing on October 12

New Delhi: The Supreme Court on Friday stayed a Madras High Court judgment directing the State Government to regularise 211 health inspectors with consequential promotion and other benefits in the Department of Public Health and Preventive Medicine.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran granted the stay on a special leave petition filed by the Director of Public Health and Preventive Medicine challenging the July 13 High Court judgment.

The Bench, after hearing senior counsel Abhishek Singhvi, State Advocate General R. Viduthalai and Additional Advocate-General N. Kannadasan, directed listing of the SLP for further hearing on October 12.

By the impugned judgment, the High court had directed regularisation of 211 petitioners in 12 weeks with retrospective effect, saying those already in service should also be regularised from the date on which they acquired the qualification in the sanitary inspector certificate course, and given monetary benefits.

Assailing the judgment, the SLP stated that if the order were to be implemented, the Government was bound to pass orders for retrospective regularisation and consequential promotions and monetary benefits of 1,500 similarly placed persons even though vacancies were not available at the relevant point of time. It would cost the exchequer Rs.30 crore.

The SLP said that the High Court had erroneously held that the petitioners were entitled to retrospective regularisation by referring to a decision of the Administrative Tribunal rendered in August 2001 on a batch of applications, even though in the said decision a clear finding was rendered to the effect that the promotion should be given by following the seniority list finalised in 1996.

The SLP sought quashing of the impugned judgment and an interim stay of its operation.

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