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Madras High CourtWP/8505/2024disposed of with direction

Dr. Ganesh Korishettar v. The Union Of India

2026-01-06Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

1. Dr. Ganesh Korishettar

2. Dr. Priscilla Rubavathy ..Petitioner(s) Vs

1. The Union Of India Rep.By The Secretary To Government, Ministry Of Health And Family Welfare, Nirman Bhavan, New Delhi.

2. The Director National Board Of Examinations, (Ministry Of Health And Family Welfare, Government Of India, NAMS Building, Ansari Nagar, Mahatma Gandhi Marg, New Delhi 110 029.

3. The Joint Director (Health)

Railway Board, Rail Bhavan, New Delhi.

4. General Manager Southern Railway, Moore Market Complex, Chennai- 600 003.

5. The Chief Medical Director Southern Railway, Moore Market Complex, Chennai- 600 003

6. The Principal Financial Advisor Southern Railway, Moore Market Complex, Chennai- 600 003

7. The Medical Director Southern Railway, Head Quarters Hospital, Aynavaram, Perambur, Chennai- 23.

8. The Additional Chief Health Director And DNB Coordinator, Southern Railway, Headquarters Hospital, Aynavaram, Perambur, Chennai- 600 023 ..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 3 to pay stipend to the petitioners based on Pay Level 11 of 7th CPC along with all the arrears and all other applicable emoluments in the light of the order of this Honble court dated 3.08.2023 and as corrected by order dated 7.09.2023 in WP No. 9027 and WP No. 9029 of 2023 For Petitioner:

Mr.Sharath Chandran For Respondents:

M/s. K.Srinivasa Murthy, CGSC for RR1, 3 to 8 Mr. R.B. Rishabh for R2

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 3 to 8 to pay stipend to the petitioners based on Pay Level 11 of 7th CPC along with all the arrears and all other applicable emoluments, in the light of the order of this Court dated 03.08.2023 and as corrected by order dated 07.09.2023 in W.P. No.9027 and 9029 of 2023.

2. The petitioners are Doctors who completed their Post-Graduate degree and were, in the year 2023, selected to undergo the DrNB (Super Speciality) Course at the Southern Railway Hospital, Ayanavaram, for a period of three years. As per the circular dated 02.04.2019 issued by the National Board of

Examinations, the minimum stipend payable to DrNB trainees is fixed at Pay Level 11 under the 7th Central Pay Commission. However, the petitioners are not being paid even the minimum stipulated stipend.

3. Identically placed doctors working in the very same hospital approached this Court in W.P.Nos.9027 and 9029 of 2023 seeking payment of stipend as per Pay Level 11. This Court, by a common order dated 03.08.2023 (as corrected on 07.09.2023), allowed the said writ petitions and directed the respondents to pay stipend as per Pay Level 11 from the date of joining the course. In such circumstances, this writ petition has been with the aforesaid prayer.

4. Learned counsel for the petitioners submitted that the petitioners are identically placed with the writ petitioners in W.P.Nos.9027 and 9029 of 2023 and seek the very same relief. Therefore, it would suffice, if a direction is issued to the respondents to consider the claim of the petitioners in the light of the directions issued earlier writ petitions, as stated supra.

5. Learned Central Government Standing Counsel appearing for the respondents 1, 3 to 8 and Mr.R.B. Rishabh, learned counsel for the 2nd respondent submitted that W.A.No.3017 of 2024 has been filed challenging the order passed in W.P.Nos.9027 and 9029 of 2023 and the issue is pending consideration before the Hon'ble Division Bench. They further submitted that if the similarly situated Doctors succeed before the Hon'ble Division Bench and

the order attains finality, the same benefit shall be extended to the petitioners forthwith, subject to the outcome of the writ appeal.

6. This Court has considered the submissions made on either side and perused the materials available on record.

7. Recording the aforesaid submissions, this Court is of the view that in the event of the similarly situated Doctors succeeding before the Hon'ble Division Bench and subject to the finality of the decision in W.A.No.3017 of 2024, the benefit shall be extended to the petitioners.

8. Accordingly, this writ petition is disposed of by granting liberty to the petitioners to claim the same benefit, if the similarly situated Doctors succeed in W.A.No.3017 of 2024 and subject to the final outcome thereof. No costs. 06-01-2026 Index: Yes/No Speaking/Non-speaking order VSI-2

To

1. The Union of India Rep. by The Secretary To Government, Ministry Of Health And Family Welfare, Nirman Bhavan, New Delhi.

2. The Director National Board f Examinations, (Ministry of Health And Family Welfare, Government Of India, Nams Building, Ansari Nagar, Mahatma Gandhi Marg, New Delhi 110 029.

3. The Joint Director (health) Railway Board, Rail Bhavan, New Delhi.

4. General Manager Southern Railway, Moore Market Complex, Chennai- 600 003.

5. The Chief Medical Director Southern Railway, Moore Market Complex, Chennai- 600 003

6. The Principal Financial Advisor Southern Railway, Moore Market Complex, Chennai- 600 003

7. The Medical Director Southern Railway, Head Quarters Hospital, Aynavaram, Perambur, Chennai- 23.

8. The Additional Chief Health Director And DNB Coordinator, Southern Railway, Headquarters Hospital, Aynavaram, Perambur, Chennai - 600 023.

M.DHANDAPANI, J.

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