S. Sudha and Others vs The Secretary to Government Department of Health and Family Welfares Services and Others

Mohan M. Shantana Goudar, J.—1. The order dated 12.7.2013 passed by the Karnataka Administrative Tribunal in Application Nos. 3370-3372/2012 is the subject matter of these writ petitions. By the impugned order, the Tribunal has rejected the prayer of the petitioners to quash the seniority list dated 31.3.2012 and the Official Memorandum dated 2.7.2012 issued by the second respondent. The consequential reliefs sought for by the petitioners are also rejected by the impugned order.

The petitioners herein are recruited as Junior Health Assistants (Male/Female). They are working in the said posts. Respondents 3 to 38 herein were appointed as Paramedical Workers prior to 1997-98 and their services were assigned to Leprosy Eradication Scheme. The order came to be issued by the State Government as per Annexure-R3, dated 15.4.2002 merging the post of Paramedical Worker in the cadre of Junior Health Assistant (male/female). Hence, from that day onwards, i.e., from 15.4.2002, respondents 3 to 38 started working as Junior Health Assistants (male/female). On 24.3.2008, final seniority list of Junior Health Assistant came to be issued as per Annexure-R7. While preparing the said seniority list, objections were called for and after hearing the objectors, the final seniority list, dated 24.3.2008 was issued fixing the seniority based on the initial entry of each of the Paramedical Workers and the Junior Health Assistants (male) into service. Thus, the date of initial entry was the criteria, which was taken into consideration while preparing the final seniority list. It is relevant to note that the Government of Karnataka as per the order at Annexure-R4, dated 19.1.2007 directed the Department of Health and Family Welfare Services to prepare the seniority list of Junior Health Assistants (male/female) taking into consideration the date of initial entry into service by the Paramedical Workers also. Their total length of service was directed to be taken into consideration while preparing the seniority list. Pursuant to such direction, the seniority list was prepared as per Annexure-R7 dated 24.3.2008. The said seniority list was not questioned by anybody. Subsequently on 31.3.2012 vide Annexure-A4, eligibility list was prepared for promotion to the post of Block Health Educator from among the employees who were working as Junior Health Assistants (male/female). The employee who has got a Degree to his credit would be entitled to be promoted as Block Health Educator. Accordingly, the eligibility list at Annexure-A4, dated 31.3.2012 was prepared by the Director, Department of Health and Welfare Services based on the seniority among the persons who have got Degrees. In the said seniority list, the Degree-holders who were initially working as Paramedical Workers were placed as seniors naturally, inasmuch as they were seniors in the merged cadre of Junior Health Assistant. Thereafter, promotions were given as per Annexure-A5, dated 2.7.2012. Both these orders were called in question before the Karnataka Administrative Tribunal by the petitioners which came to be dismissed by the impugned order.

Sri P.M. Naik, learned advocate appearing for the petitioners submits that respondents 3 to 38 were appointed as local candidates and their services were regularized only w.e.f. 15.4.2002 on which day the post of Paramedical Worker was merged into the cadre of Junior Health Assistant(male/female). Thus, according to him, the previous service rendered by respondents 3 to 38 as Paramedical Workers should not have been taken into consideration by the Department while preparing the seniority list and consequently, the action of the Department placing them above the petitioners in the seniority list is bad in the eye of law.

The said submissions are opposed by the learned Government Advocate on the ground that respondents 3 to 38 were not appointed as local candidates (as Paramedical Workers), but they were regularly appointed as Paramedical Workers prior to 1998; respondents 3 to 38 and similarly placed other Paramedical Workers had to undergo probationary period of two years; only after satisfactory completion of such probationary period by respondents 3 to 38 and similarly placed others, they were regularized into service as Paramedical Workers. He relies upon the orders of the Department, dated 25.3.1997 and 21.11.2000 in support of the said contention.

The order dated 25.3.1997, appointing respondents 3 to 38 and similarly placed other employees numbering about 249 as Paramedical Workers discloses that such Paramedical Workers were appointed based on the selection in the pay-scale of Rs. 1130-30-1400-40-1800-50-2100 with the condition that such appointees shall undergo probationary period of two years and that their services would be regularized only after satisfactory completion of probationary period of two years. Subsequently, after completion of probationary period of two years by respondents 3 to 38 herein along with similarly placed others, they were regularized by virtue of the order dated 21.11.2000 with retrospective effect, i.e., from the dated on which the Paramedical Workers completed probationary period of two years. Thus, it is clear that respondents 3 to 38 along with similarly placed workers were appointed on permanent basis and after successful completion of two years'' probationary period, their services were regularized. They continued to work as Paramedical Workers in the Department till their posts were merged in the cadre of Junior Health Assistants by virtue of the order dated 15.4.2002 vide Annexure-R3. As mentioned supra, from 15.4.2002 respondents 3 to 38 and similarly placed others are working as Junior Health Assistants. From among them, some have already got promotion to next higher post and some of them have retired. The order dated 15.4.2002 is not questioned either by the petitioners or by anybody. Thus, the order dated 15.4.2002 has attained finality. If really the petitioners had any grievance against the merger of posts, they would have questioned the order of merger by raising valid points. But, the order of merger, dated 15.4.2002 has remained unquestioned and therefore respondents 3 to 38 have been working as Junior Health Assistants right from 15.4.2002. The seniority list was also prepared as per Annexure-R7 in respect of the Junior Health Assistants. The said seniority list was prepared based on the Government Order dated 19.1.2007 which specifies that the seniority list should be prepared based on the service rendered by the Paramedical Workers and from the date of their initial entry into service. Thus, the past service rendered by the Paramedical Workers was rightly taken into consideration while preparing the seniority list on 24.3.2008. We may clarify here itself that posts of 938 persons who were appointed on regular basis as Paramedical Officers were merged in the cadre of Junior Health Assistants as far back as in the year 2002. Taking into consideration the past service as well as the date of initial entry into service, the seniority list dated 24.3.2008 was prepared which has also remained unquestioned. If it is so, it is not open for the petitioners now to contend that respondents 3 to 38 are not the permanent employees, etc. As we have clarified supra, respondents 3 to 38 and similarly placed others were selected and appointed as Paramedical Workers much prior to 1998 with the condition that they should complete two years of probationary period etc. Only after completion of two years of probationary period, their services were regularized as per the order dated 21.11.2000 with retrospective effect, from the date on which such workers completed two years of service.

In view of the same, the Tribunal is justified in not interfering with the eligibility list as well as the seniority list. Since the order passed by the Tribunal is just and proper, no interference is called for.

Hence, writ petitions fail and accordingly, the same stand dismissed.