M.Sakthivel v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.20948 of 2020 and 3050 of 2021 M.Sakthivel ... Petitioner Vs.

1.The Secretary to Government, Health & Family Welfare Department, Fort St.George, Chennai - 9.

2.The Secretary to Government, P&AR (FRIV) Department, Fort St.George, Chennai - 9.

3.The Director of Medical Education, Kilpauk, Chennai - 10.

4.The Director, Public Health & Preventive Medicine, Chennai - 6.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 3rd Page No. 1 of 5

respondent in connection with the impugned order passed by him in Ref.No.70506/N4/2019 dated 20.02.2020 and quash the same and direct the respondents to grant 2 incentive increments to the petitioner for acquiring Post Basic B.Sc Nursing Degree from the date of acquisition within a reasonable time and grant such other further reliefs.

For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents : Mr.E.Sundaram Government Advocate

ORDER

The petitioner herein has filed this writ petition challenging the proceedings issued by the third respondent in Ref.No.70506/N4/2019 dated 20.02.2020, whereby, the request of the petitioner for grant of 2 incentive increments for acquiring Post Basic B.Sc Nursing., degree was negatived by the third respondent. Subsequent to filing of the present writ petition, the petitioner herein along with certain other persons have filed W.P.No.9841 of 2022 before this Court and the said writ petition seeking for the very same benefit of grant of 2 incentive increments was dismissed by the learned Single Judge of this Court by an order dated 13.02.2024. A copy of the said order is Page No. 2 of 5

placed before this Court. The petitioner along with other persons appears to have filed an appeal against the said order, dated 13.02.2024 and the same is stated to be pending. As the very same claim was made by the petitioner in W.P.No.9841 of 2022 and the same was negatived, the question of once again considering the claim of the petitioner for the same relief in this Writ Petition does not arise. The petitioner cannot be permitted to initiate multiple litigations before this Court for the very same or identical relief.

2. In view of the same, the relief sought for in the writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. It is open for the petitioner to agitate any of the grounds raised in this Writ Petition also in the Writ Appeal stated to have been filed against the order in W.P.No.9841 of 2022 dated 13.02.2024. No costs. Consequently, connected miscellaneous petitions are closed.

25.07.2024 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas Page No. 3 of 5

To 1.The Secretary to Government, Health & Family Welfare Department, Fort St.George, Chennai - 9.

2.The Secretary to Government, P&AR (FRIV) Department, Fort St.George, Chennai - 9.

3.The Director of Medical Education, Kilpauk, Chennai - 10.

4.The Director, Public Health & Preventive Medicine, Chennai - 6.

Page No. 4 of 5

MUMMINENI SUDHEER KUMAR , J.

jas and W.M.P.Nos.20948 of 2020 and 3050 of 2021 25.07.2024 (2/2) Page No. 5 of 5