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S. Sivaguru Vs. State of Tamil Nadu [07/05/13]

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[Civil Appeal Nos. 4483-4485 of 2013 arising out of SLP (C) Nos.24492-24494 of 2010]. These appeals are directed against the common judgment and final order dated 23rd July, 2010 passed by the High Court of Judicature at Madras in Writ Petition Nos. 23893 of 2006, 34401 of 2007, 8339, 12654, 14592, 17578, 25844 and 27982 of 2008 and Writ Appeal No.312 of 2008 and connected misc. petitions. By this order, the High Court dismissed the Writ Petition Nos. 23893 of 2006 and 34401 of 2007 and allowed the Writ Petition No.17578 of 2008 filed by respondents 3 to 5 and also Writ Appeal No.312 of 2008. Since the facts involved in the controversy in all the appeals are common, we shall make a reference to the facts as narrated by the High Court. This shall be supplemented by any additions made by the appellants in this Court. The facts noticed by the High Court are that initially the Health Department consisted of Multipurpose Health Workers and Unipurpose Health Workers who were engaged in various schemes for eradication of different diseases which were widespread throughout India. By an order dated 29th September, 1982, Unipurpose Workers were integrated as Multipurpose Health Workers. On 4th November, 1988, there was a subsequent integration of employees engaged in the family welfare. Soon thereafter, statutory rules were notified under the proviso to Article 309 by the G.O.Ms. No.1507 dated 16th August, 1989 which were made applicable to the Multipurpose Health Workers Scheme. Under the rules, different Class I and Class II posts were notified and their essential qualifications were prescribed.

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