Dr.J.Jayakumar, v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.Nos.1657, 1660, 1663, 1669, 1672 & 1676 of 2021 W.P.No.1657 of 2021 Dr.J.Jayakumar ... Petitioner Vs.
1.The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai 600 009.
2.The Director, Directorate of Medical Education, Kilpauk, Chennai 600 010.
3.The Director, Directorate of Medical and Rural Health Services, Teynampet, Chennai 600 006.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to act upon the representation of the petitioner dated 12.10.2020 in accordance with law and give effect to the demands thereto.
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For Petitioner : Mr.T.Gowthaman, Senior Counsel for Mr.B.Pachaiyappan For Respondents : Mr.Ramanlal, AAG assisted by Mr.Yogesh Kannadasan, SGP COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus to direct the respondents to act upon the representations of the petitioners given on various dates in accordance with law and give effect to the demands thereto.
2. The petitioners are working as Assistant Surgeons. The Doctor's Association has been making representations to the Government seeking revision of pay by citing the better pay for doctors functioning under the Central Government Health Scheme. So the disparity is said to have been addressed by way of the issuance of G.O.Ms.No.354, Family and Health Welfare D2 Department dated 23.10.2009. The said G.O. has also introduced Assured Carrier Progression. However, the grievance of the petitioners is that G.O.Ms.No.354, Family and Health Welfare D2 Department dated 23.10.2009 has not been implemented in its letter and Page No.2 of 6
spirit. In view of the representation sent by the Doctors Association to the Government, the Government had constituted a Working Committee consisting of the respondents to be chaired by a person not below the rank of the Additional Secretary to the Government to deal with the issue.
3. In fact, the Committee, comprising the Directors of Medical and Rural Health Services, Public Health and Preventive Medicine and Medical Education, has submitted its report on 17.2.2021 with regard to the above subject.
1. Mr. Ramanlal, the learned Additional Advocate General for the respondents, has submitted that the department has actively considering the implementation of the recommendation of the said Committee and granting certain other benefits as well. In view of the then-model code of conduct due to the Legislative Assembly of 2020-2021, further action has not been taken so far. 2.
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5. Since the petitioners' representations are pending for a long time and it is seen to have withheld due to the then Legislative Assembly Election, the respondents are now at liberty to consider the representations of the petitioners.
6. With the above observations, these Writ Petitions are disposed and the respondents are directed to consider the representations of the petitioners in the light of the recommendation given by the Working Committee and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. No costs. 01.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.4 of 6
To 1.The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai 600 009.
2.The Director, Directorate of Medical Education, Kilpauk, Chennai 600 010.
3.The Director, Directorate of Medical and Rural Health Services, Teynampet, Chennai 600 006.
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R.N.MANJULA , J.
gsk W.P.Nos.1657, 1660, 1663, 1669, 1672 & 1676 of 2021 01.02.2024 Page No.6 of 6