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Madras High CourtWP/14560/2024disposed of

Dr.P.Paramashivan v. The Additional Chief Secretary To Government

2024-06-05Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.P.Paramashivan ..

Petitioner Vs.

1. The Additional Chief Secretary to Government Health and 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 - 6.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for 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 his Proc.R.No.73380/E1/S4/2018 dated 20.06.2019 on the basis that the petitioner was drawing a scale of pay of Rs.12000-16500 and retired prior to 23.10.2009.

For the Petitioner : Mr.M.Muthappan For the Respondents : Mr.E.Sundaram Government Advocate for R1 and R3 Mr.Azizulla Khan Government Advocate for R2

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 petitioner based on the proposals sent by the third respondent in his proceedings, dated 20.06.2019 on the basis that the petitioner was 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.M.Muthappan, learned counsel for the petitioner, Mr.E.Sundaram, learned Government Advocate for the respondents 1 and 3 and Mr.Azizulla Khan, learned Government Advocate for respondent 2 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.

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, this writ petition stands disposed of by directing the respondents to consider the case of the petitioner in terms of the said order, dated 12.12.2023 in W.P.No.7905 of 2020 etc., considering this case also as type - II. There shall be no order as to costs.

05.06.2024 Index : Yes/No drm

To:

1. The Additional Chief Secretary to Government Health and 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 - 6.

D.BHARATHA CHAKRAVARTHY,J.

(drm) 05.06.2024