Dr . D.Gurusamy v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY W.P. Nos.11878 & 11881 of 2024 Dr.D.Gurusamy ...
Petitioner in W.P.No.11878/2024 Dr.A.Rajendran ...
Petitioner in W.P.No.11881/2024 /vs/
1. The Additional Chief Secretary to Government, Health & Family Welfare (A2) Department, Fort St. George, Chennai - 9.
2. The Additional Chief Secretary to Government, Finance (PC) Department, Fort St. George, Chennai - 9.
3. The Director of Public Health & Preventive Medicine, Chennai.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to extend the
benefits of G.O.Ms.No.236, Finance (PC) Department, dated 12.07.2018 to the petitioner herein based on the proposal sent by the 3rd respondent in Proc.R.No.7333806/E1/8044, dated 20.06.2019 on the basis that the petitioners were drawing a scale of pay of Rs.12000-16500 and retired prior to 23.10.09 within a reasonable time.
For Petitioner ... Mr.R.Venkataramani (in both W.P's) Senior Counsel For Respondents ... Mr.U.M. Ravichandran (in both W.P's) Special Govt. Pleader for R2 Mr.M.Bindhran Additional Govt. Pleader for R1 & R3 COMMON ORDER This Writ Petition is filed for a direction to the respondents to extend the benefits of G.O.Ms.No.236, dated 12.07.2018 to the petitioners based on the proposals sent by the third respondent in his proceedings, dated 20.06.2019 on the basis that the petitioners were drawing a scale of pay of Rs.12000-16500 and retired prior to 23.10.2009.
2. When the matter came up for hearing, Mr.R.Venkataramani, the learned Senior Counsel for the petitioner, Mr.U.M.Ravichandran, the Special Government Pleader for the respondent 1 and 3 and Mr.Bindhran, learned Additional Government Pleader for the third respondent are at idem that the matter has already been dealt with by this Court in a batch of Writ Petitions in W.P.No.7905 of 2020 etc., by the order, dated 12.12.2023. As per the said order, the cases have been classified into three types. Similar prayers of the petitioner were categorised as type - II and in respect of type-II, the following relief was granted :- "(ii) Type II - W.P.Nos.
respondents to consider and pass orders as to the entitlement of these petitioners depending upon the outcome of the orders that is going to be passed in respect of G.O.Ms.No.236, Finance Department, dated 12.07.2018."
3. Therefore, these Writ Petitions are disposed of by directing the respondents to consider the case of the petitioners in terms of the said order, dated 12.12.2023 in W.P.No.7905 of 2020 etc., by considering this case also as Type-II. No costs.
30.04.2024 Index: Yes Speaking order bkn
To:
1. The Additional Chief Secretary to Government, Health & Family Welfare (A2) Department, Fort St. George, Chennai - 9.
2. The Additional Chief Secretary to Government, Finance (PC) Department, Fort St. George, Chennai - 9.
3. The Director of Public Health & Preventive Medicine, Chennai.
D.BHARATHA CHAKRAVARTHY ,J.
bkn W.P.No.11878 & 11881 of 2024 30.04.2024