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Madras High CourtWP/28913/2025disposed of

Dr.P.Kaliyappan Ph.D., v. The Dean

2025-08-06Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Dr.P.Kaliyappan ... Petitioner Vs.

1.The Dean, Madras Medical College, Chennai - 03 2.The Director of Medical Education, Kilpauk, Chennai - 10.

3.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 09.

4.The Accountant General (A&E), Chennai ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, (a) directing the Respondents to sanction the appointment of Special Grade Professor of Radiology Physics with effect from 24.07.2017, with all consequential monetary benefits including arrears of special grade pay; (b) directing the Respondents to forthwith process and disburse all retirement 1/6

benefits including gratuity amount, earned leave encashment, SPF, SPF 2000, pension commutation, and monthly pension with interest at the prevailing rate for the delayed payment;

(c) directing the Respondents to sanction and pay the eligible amount of 3% insurance incentive for the period July 2015 to October 2020; (d) directing the respondents to sanction and pay the reimbursement of the medical bills;

(e) directing the Respondents to modify the leave order and sanction 14 days of unearned leave on medical certificate for the period 22.11.2018 to 05.12.2018 instead of 46 days of earned leave, and to credit back 46 days of earned leave to the Petitioner's account;

(f) directing the Respondents to sanction Radiation Special Pay of Rs.400/- per month and Special Pay of Rs.600/- per month with effect from the date of the Petitioner's joining at Madras Medical College on 01.11.2020. For Petitioner : Mr.P.Prabu For R1 to R3 : Mr.K.Tippu Sultan Government Advocate For R4 : Mr.L.Murali Krishnan Standing Counsel

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself. 2/6

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, (a) directing the Respondents to sanction the appointment of Special Grade Professor of Radiology Physics with effect from 24.07.2017, with all consequential monetary benefits including arrears of special grade pay; (b) directing the Respondents to forthwith process and disburse all retirement benefits including gratuity amount, earned leave encashment, SPF, SPF 2000, pension commutation, and monthly pension with interest at the prevailing rate for the delayed payment; (c) directing the Respondents to sanction and pay the eligible amount of 3% insurance incentive for the period July 2015 to October 2020; (d) directing the respondents to sanction and pay the reimbursement of the medical bills;

(e) directing the Respondents to modify the leave order and sanction 14 days of unearned leave on medical certificate for the period 22.11.2018 to 05.12.2018 instead of 46 days of earned leave, and to credit back 46 days of earned leave to the Petitioner's account; (f) directing the Respondents to sanction Radiation Special Pay of Rs.400/- per month and Special Pay of Rs.600/- per month with effect from the date of the Petitioner's joining at Madras Medical College on 01.11.2020.

3. Heard the learned counsel for both sides and perused the materials 3/6

available on record.

4. The learned counsel for the petitioner would submit that the petitioner was appointed as Selection Grade Professor of Radiology Physics on 24.07.2007 and he retired from service on 30.06.2023. The learned counsel for the petitioner would further submit that he is entitled for various allowances and terminal benefits. In this connection, he has given numerous representations to the respondent from 01.02.2018 to 07.06.2024 and those representations are pending with the respondents.

5. At this juncture, the learned Government Advocate appearing for the respondents 1 to 3 would submit that if the petitioner gives a comprehensive fresh representation, then they will consider the same according to it's own merits and in accordance with law, within a reasonable time.

6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to give liberty to the petitioner to submit a comprehensive representation including all claims to the respondents 1 to 3, within a period of two weeks from the date of receipt of 4/6

copy of this order. On receipt of such representation, the respondents 1 to 3 are directed to consider the same and pass orders on it's own merits and in accordance with law, within a period of six weeks, thereafter.

7. With the above direction, the Writ Petition is disposed of. No costs. 06.08.2025 Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Dean, Madras Medical College, Chennai - 03 2.The Director of Medical Education, Kilpauk, Chennai - 10.

3.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 09.

4.The Accountant General (A&E), Chennai 5/6

C.KUMARAPPAN, J.

dm 06.08.2025 6/6