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Madras High CourtWP/12509/2025disposed of

Dr.M.Rajesh v. The State Of Tamil Nadu

2025-04-08Honourable Mr Justice C.V. Karthikeyan14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NOS.12509, 12511, 12512, 12513, 12515 & 12517 OF 2025 W.P.NO.12509 OF 2025 Dr.M.Rajesh Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine Page No.1 of 14

5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Hospital, Sirkazhi, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Contributory Pension Scheme during his temporary bond service at Government Hospital, Sirkazhi, Nagapattinam District (Now Mayiladuthurai District) between 19.06.2021 to 30.11.2022, along with interest at the rate fixed by the Government for the time period by considering his representation dated 29.11.2023. For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel Page No.2 of 14

W.P.NO.12511 OF 2025 Dr.S.Vinoth Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine 5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Hospital, Sirkazhi, Mayiladuthurai District.

Page No.3 of 14

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Contributory Pension Scheme during his temporary bond service at Government Hospital, Sirkazhi, Nagapattinam District (Now Mayiladuthurai District) between 18.01.2019 to 31.12.2021, along with interest at the rate fixed by the Government for the time period by considering his representation dated 16.08.2024. For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel W.P.NO.12512 OF 2025 Dr.T.Jaya Priya Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

Page No.4 of 14

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine 5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Periyar Headquarters Hospital, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Contributory Pension Scheme during his temporary bond service at Government Periyar Headquarters Hospital, Mayiladuthurai District between 18.07.2022 to 31.03.2024, along with interest at the rate fixed by the Government for the time period by considering her representation dated 01.04.2024.

Page No.5 of 14

For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel W.P.NO.12513 OF 2025 Dr.J.Aarthy Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine 5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services Page No.6 of 14

6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Medical Officer Government Hospital, Kuthalam, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Contributory Pension Scheme during his temporary bond service at Government Hospital, Kuthalam, Mayiladuthurai District between 01.08.2022 to 04.04.2023 along with interest at the rate fixed by the Government for the time period by considering her representation dated 16.08.2024.

For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel W.P.NO.12515 OF 2025 Dr.V.Vignesh Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

Page No.7 of 14

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine 5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Hospital, Sirkazhi, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Page No.8 of 14

Contributory Pension Scheme during his temporary bond service at Government Hospital, Sirkazhi, Nagapattinam District (Now Mayiladuthurai District) between 23.06.2021 to 07.09.2022, along with interest at the rate fixed by the Government for the time period by considering his representation dated 07.09.2023. For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel W.P.NO.12517 OF 2025 Dr.S.Nemichandra Tejaswi Petitioner VS.

1.The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.Directorate of Medical Education Rep. by the Director of Medical Education Kilpauk, Chennai - 600 010.

4.Directorate of Public Health and Preventive Medicine Rep. by the Director of Public Health and Preventive Medicine Page No.9 of 14

5.Directorate of Medical and Rural Health Services Rep. by the Director of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Hospital, Sirkazhi, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 6 to 8 to refund the amount deducted from the petitioner's salary towards Contributory Pension Scheme during his temporary bond service at Government Hospital, Sirkazhi, Nagapattinam District (Now Mayiladuthurai District) between 01.09.2021 to 27.02.2024, along with interest at the rate fixed by the Government for the time period by considering his representation dated 27.02.2024. For Petitioner :

Mr.M.Vijaya Ragavan For Respondents :

Ms.M.Sneha Standing Counsel Page No.10 of 14

COMMON ORDER These writ petitions have been filed in the nature of a Mandamus, seeking a direction against respondents 6 to 8 to refund the amounts deducted from the petitioners' salaries towards the Contributory Pension Scheme during their temporary bond service at the Government Hospital, Sirkazhi, Nagapattinam District (now Mayiladuthurai District), Government Periyar Headquarters Hospital, Mayiladuthurai District, and Government Hospital, Kuthalam, Mayiladuthurai District, respectively. 2.It is unfortunate that the petitioners have been compelled to file these writ petitions, seeking refund of the amounts that were deducted from their salaries.

3.The learned Standing Counsel appearing for the respondents requests twelve (12) weeks time to refund the amount. 4.A direction is given to the respondents 6 to 8 to refund the amount to the petitioners within a period of twelve (12) weeks from the Page No.11 of 14

date of receipt of a copy of this order, failing which, the respondents shall be liable to pay interest at the rate of 18% per annum, calculated from the date on which the bond period concluded until the date of actual disbursement.

5.These Writ Petitions stand disposed of. No costs. 08.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK Page No.12 of 14

To 1.The Principal Secretary Government of Tamil Nadu Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.The Secretary (Expenses) Finance Department St. George Fort, Secretariat, Chennai - 600 009.

3.The Director of Medical Education Directorate of Medical Education Kilpauk, Chennai - 600 010.

4.The Director of Public Health and Preventive Medicine Directorate of Public Health and Preventive Medicine 5.The Director of Medical and Rural Health Services Directorate of Medical and Rural Health Services 6.The Joint Director of Health Services Mayiladuthurai District.

7.The Chief Civil Surgeon and Medical Officer Government Hospital, Sirkazhi, Mayiladuthurai District.

8.The Treasury Officer District Treasury Nagapattinam District.

Page No.13 of 14

C.V.KARTHIKEYAN, J.

TK 08.04.2025 Page No.14 of 14