Dr.K.Prakasam, B.S.Ms., v. The Director Of India Medicine,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.19555 of 2019 Dr.K.Prakasam, B.S.M.S.
... Petitioner Vs.
1.The Director of Indian Medicine and Homeopathy, Chennai 600 106.
2.The District Siddha Medical Officer, Salem 636 001.
3.The Medical Officer, Government Primary Health Centre, Ondiveeranur, Salem District.
4.The Block Medical Officer, Government Primary Health Centre, Kadayampatti, Salem District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction the annual increments due on 01.07.2017, on 01.07.2018 and on 01.07.2019 to the petitioner and to refix his pay as per recommendations of Seventh Pay Commission and to continue to grant all annual increments on time thereafter, within a time frame.
For Petitioner : Mr.M.Ravi For Respondents: Mr.V.Kadirvelu for R1 Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondents to sanction the annual increments due on 01.07.2017, on 01.07.2018 and on 1/4
01.07.2019 to the petitioner and to refix his pay as per recommendations of the Seventh Pay Commission and to continue to grant all annual increments on time thereafter, within a time frame.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader.
3.The case of the petitioner is that he was appointed as Rural Medical Officer in Kadayampatti Panchayat Union, Salem District on 26.09.1998 and his service was regularized with effect from the same date. The petitioner is at present working as Assistant Medical Officer (Siddha), Government Primary Health Centre, Ondiveeranur. Earlier, the petitioner was granted increments continuously, however, all of a sudden, it was withheld. In this regard, the petitioner has been making representations and the last of such representation was made on 13.02.2019, however, till date the same has not been considered. Hence, this writ petition.
4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 13.02.2019 and to pass appropriate orders.
5.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's representation dated 13.02.2019, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri 2/4
To 1.The Director of Indian Medicine and Homeopathy, Chennai 600 106.
2.The District Siddha Medical Officer, Salem 636 001.
3.The Medical Officer, Government Primary Health Centre, Ondiveeranur, Salem District.
4.The Block Medical Officer, Government Primary Health Centre, Kadayampatti, Salem District.
+1cc to Mr.M.Ravi, Advocate sr.95053 +1cc to Government Pleader SR.NO. 95133 W.P.No.19555 of 2019 rsi(co) nr 18/12/2019 3/4