Dr.S.Bose Priyan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.07.2019
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN WRIT PETITION NO.10927 OF 2019 Dr.S.Bose Priyan .. Petitioner /versus/ 1.The Government of Tamil Nadu, Rep.by its Secretary, Health and Family Welfare (MCA-2) Department, Fort St.George, Chennai-9.
2.The Director, Indian Medicine and Homoeopathy Department, Arumbakkam, Chennai-106.
3.The Principal, Government Siddha Medical College, Palayamkottai 627 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to extend the effect/benefit of G.O.(Ms) No.307, dated 25.07.2018 to the petitioner also through the 3rd respondent to release the enhanced stipend amount to the petitioner to the 1st year studies.
For Petitioner :Mr.P.Vijendran For Respondents :Mr.N.Inbanathan, AGP for R1 Mr.V.Kadhirvelu, Spl.GP (Hr.Edn.) for R2 and R3
O R D E R
By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.
2. Heard Mr.P.Vijendran, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader appearing for the first respondent and Mr.V.Kadhirvelu, learned Special Government Pleader(Higher Education) appearing for respondents 2 and 3.
3. The prayer in the writ petition is to issue a Writ of Mandamus directing the 1st and 2nd respondents to extend the effect/benefit of G.O.(Ms) No.307,, dated 25.07.2018 to the petitioner through the 3rd respondent to release the enhanced stipend amount to the petitioner to the 1st year studies.
4. The petitioner herein is the student of Pharamacology in Government Siddha Medical College, Palayamkottai. His grievance is that though the first respondent issued Government Order enhancing the rate of stipend to CRRIs and non Post Graduate Degree/Diploma and Higher Speciality students vide G.O(Ms) No.307 dated 25.07.2018, which also includes the persons like petitioner pursuing Post Graduate Course in Siddha Medical College, he was not paid the enhanced stipend. Hence, he has given a representation to the respondents on 20.03.2019 to treat him and other persons from Siddha College pursuing higher studies on par with the other post graduate medical degree students. The said representation though received by the respondents on 22.03.2019, till date, they have not passed any order. Hence, he seeks Mandamus to consider his representation and to pass orders in accordance with law.
5. Learned Additional Government Pleader appearing for the first respondent represents that the representation of the petitioner dated 20.03.2019 shall be considered in accordance with law and suitable order will be passed, if he is eligible.
6. Recording the same, the writ petition is disposed of with a direction that the first respondent shall consider the representation of the petitioner dated 20.03.2019 and pass appropriate orders, in accordance with law, within a period of eight weeks, from today and also communicate the same to the petitioner herein. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ari To 1.
The Secretary, The Government of Tamil Nadu, Health and Family Welfare (MCA-2) Department, Fort St.George, Chennai-9.
2.
The Director, Indian Medicine and Homoeopathy Department, Arumbakkam, Chennai-106.
3.
The Principal, Government Siddha Medical College, Palayamkottai 627 002.
+1cc to Mr.P.Vijendran, Advocate, S.R.No.61704 +1cc to the Special Government Pleader, S.R.No.62377 W.P.No.10927 of 2019 NR(CO) CS/22/08/2019