Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 8889 (MAD)

R.Ashok Kumar, v. T.S.Selvavinayagam and another

CONT P/1630/2025 · 2026-07-22

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cont.P.No.1630 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.07.2026 CORAM: THE HON’BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Contempt Petition No.1630 of 2025 R.Ashok Kumar, S/o.Rangareddiyar, No.5/3, Tiruvalluvar Street, Kadapperi, Mathurandagam Taluk, Chengalpattu District – 603 306. Petitioner Vs 1.T.S.Selvavinayagam Director of Public Health and Preventive Medicine, D.M.S.Compound, 359, Anna Salai, Teynampet, Chennai-600 006. 2.P.Senthilkumar, I.A.S., Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009. Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willful disobedience of the order dated 13.07.2007 passed by this Court in W.P.No.35525 of 2005. ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 For Petitioner: Mr.R.Ezhilarasan For Respondents: Mr.K.Kumaran Government Pleader ORDER (Order of the Court was made by the Hon'ble Chief Justice) This contempt petition alleges non-compliance of the order dated 13.07.2007 passed in W.P.No.35525 of 2005. 2. While disposing of W.P.No.35525 of 2005, the following directions were issued: “10. In the light of the above, the respondents are directed to consider the cases of the petitioners with regard to regularisation of their services with retrospective effect and thereafter, giving promotion as per the seniority list prepared by the Government by virtue of proceedings dated 05.3.1996 and the order of Tribunal dated 10.8.2001 and also the consequential G.O. (D) No.359 Health and Family Welfare (N2) Department dated 26.4.2004, within a period of 12 weeks from the date of receipt of a copy of this order. 11. It is brought to our notice that some of the writ petitioners have retired from service after attaining the age of superannuation. If that is so, they are entitled for regularization from the date they have acquired qualification and consequential monetary benefits and the respondents are directed to pay the same to them within the stipulated period.” ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 3. The order passed by this Court has been confirmed by the Hon'ble Supreme Court in Civil Appeal No.6660 of 2011 and other connected batch of appeals, vide order dated 25.02.2015. Thereafter, review petitions were filed by the Director of Public Health and Preventive Medicine before the Hon'ble Supreme Court, which were registered as Review Petition (Civil) Nos.3521-3726 of 2018. Vide order dated 12.12.2018, the review petitions were dismissed on the ground of delay as well as on merits. 4. Ultimately, the State, in compliance of the order passed by this Court, has issued G.O.(Ms.) No.543, Health and Family Welfare (L1) Department, dated 28.11.2025. For ease of reference, paragraph 22 to 26 are reproduced hereunder: “22. The Government is hereby also sanction a sum of Rs.21,80,00,000/- (Rupees twenty one crore and eighty lakh only) for giving effect to the orders passed in para 21 above. 23. The Government hereby also direct that the above retrospective promotion and regularisation in the post of Health Inspector shall be subject to the following conditions: 1. To permit the Director of Public Health and Preventive Medicine to grant the retrospective regularization in the post of Health Inspector to the candidates who have passed the Sanitary Inspector Course and to sanction monetary benefits to all eligible petitioners whose name listed in the seniority list published by the Director of Public Health and Preventive Medicine vide his Proceeding ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 R.No.115738/MP2/S2/95 dated 30.05.96 and have worked in the categories of Vaccinator, Basic Health Worker, and Cholera Worker. 2. Before sanctioning the above benefits to the candidates, to verify the genuineness of the Sanitary Inspector Course Certificates produced by the candidates. 3. Any person recruited after the date of issue of G.O.(Ms) No.1507, dated 16.08.1989, under which adhoc rules were framed for the post of Multipurpose Health Supervisor (Health Inspector Grade-1), shall not be eligible for the above benefit, as the rule itself prescribes it as an essential qualification. 4. With regard to pensionary benefits, only pension revision has to be allowed, other pensionary benefit like DCRG, Commutation of Pension etc., not permitted due to the above regularization i.e. from the date of passing Sanitary Inspector courses by the Health Inspectors. 5. Pay anomalies, if any, arising out of the notional regularization in the post of Health Inspector shall not be entertained as the same has been given based on direction of Hon’ble Supreme Court of India. 6. This case cannot be cited as a precedent for claiming same benefit to any other category. 24. The amount sanctioned in para 22 above shall be debited to the following head of account:- “2210 Medical and Public Health – 06 Public Health – 101 Preventive and Control of Diseases – State’s Expenditure – AO Malaria Control – 301 Salaries – 01 Pay.” (DPC 2210-06-101-AO-30101)” 25. Necessary additional funds of Rs.21,80,00,000/- will be provided in RE/FMA 2025-2026. However, this expenditure shall be brought to the notice of the Legislature by way of ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 Specific Inclusion in the Supplementary Estimates 2025-2026. Pending provision of such funds, the Director of Public Health and Preventive Medicine is authorized to draw and disburse the amount sanctioned in para 22 above. The director of Public Health and Preventive Medicine is directed to include this item of expenditure while sending the budget proposal for RE/FMA 2025-2026 and also send necessary draft explanatory note for inclusion of this expenditure in the Supplementary Estimates 2025-2026 to the Government in Finance (Health-I) Department at an appropriate time without fail. 26. The Director of Public Health and Preventive Medicine is authorised to draw and disburse the amount sanctioned in para 22 above to the 1090 Nos. of Health Inspectors/Supreme Court Contempt petitioners after deducting Income Tax and other charges, if any, as per orders in force.” 5. Learned Government Pleader appearing for the respondents submits that, out of 1211 persons, benefits were already extended to 121 persons and benefits are yet to be extended to 1090 persons. He further submitted that the State Government has sanctioned funds to the tune of Rs.21,80,00,000/- and the said expenditure was included in the Supplementary Estimates 2025-2026. Learned Government Pleader submits that the implementation of the order is under process and the same shall be completed, as early as possible, for which some further time may be granted. ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 6. In the light of the aforesaid submission made by learned Government Pleader and the fact that the respondents are taking earnest efforts to implement the order of this Court, we direct the respondents to implement the order in respect of the remaining 1090 persons, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. It is made clear that no extension of time shall be granted under any circumstances. 7. The contempt petition stands closed. The compliance report shall be filed before the Registry by the respondents after four months. If the compliance report is not filed within the time stipulated above, this Court may revive the contempt petition and issue notice to the respondents for initiating contempt proceedings. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 22.07.2026 Index : Yes/No Neutral Citation : Yes/No hvk ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.1630 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. hvk Contempt Petition No.1630 of 2025 22.07.2026 ______________ https://www.mhc.tn.gov.in/judis