Dr.A.Saravana Kumar v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.26630 of 2022 Dr.A.Saravana Kumar ... Petitioner
Versus
1. The Principal Secretary to Government, Health and Family Welfare Department, St.George Fort, Secretariat, Chennai-600 009.
2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-600 010.
3. The Director of Public Health and Preventive Medicine, DMS Compound, Teynampet, Chennai-600 018.
4. The Director of Medical and Rural Health Services, DMS Compound, Teynampet, Chennai-600 018.
5. The Special Secretary, Finance Department, St.George Fort, Secretariat, Chennai-600 009 .... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus directing the respondents to implement 1/4
G.O.(Ms.)No.293 Health and Family Welfare Department dated 18.06.2021 to enable the petitioner and other Government Medical Officers to get their monetary benefits as per the said G.O every month from the date of issue of the GO by passing orders on the representation dated 15.09.2022. For Petitioner : Mr.G.Justin For Respondents : Mr.T.Chezhiyan AGP O RDER This writ petition has been filed for a Mandamus seeking for a direction to the respondents to implement G.O.(Ms.)No.293 Health and Family Welfare Department dated 18.06.2021 to enable the petitioner and other Government Medical Officers to get their monetary benefits as per the said G.O every month from the date of issue of the G.O by passing orders on the petitioner's representation dated 15.09.2022. 2.
The petitioner is working as Junior Resident at Thiruvannamalai Government Medical College and Hospital, Thiruvannamalai District. According to the petitioner, as per G O.(Ms.)No.293 Health and Family Welfare Department dated 18.06.2021, he and other similarly placed Medical Officers are entitled for monetary benefits every month. The petitioner has given a representation on 15.09.2022 to the respondents for the said purpose. Since the representation has not been considered till date, he has filed this writ petition.
3. Heard Mr.G.Justin, learned counsel for the petitioner and Mr.T.Chezhiyan, learned Additional Government Pleader appearing for the respondents.
4. The petitioner has filed documents along with this writ petition to substantiate his claim that he is entitled for monetary benefits as per the aforementioned Government Order and it is for the respondents to consider the same and pass orders on merits and in accordance with law.
5. No prejudice would be caused to the respondents if a direction is issued to the respondents to consider the petitioner's representation dated 15.09.2022 on merits and in accordance with law within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 15.09.2022, seeking for monetary benefits as per G.O. (Ms.)No.293 Health and Family Welfare Department dated 18.06.2021 within a period of twelve weeks from the date of receipt of a copy of this order. 3/4
ABDUL QUDDHOSE,J.
sr With the aforesaid direction, the writ petition is disposed of. No costs.
26.10.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order To
1. The Principal Secretary to Government, Health and Family Welfare Department, St.George Fort, Secretariat, Chennai-600 009.
2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-600 010.
3. The Director of Public Health and Preventive Medicine, DMS Compound, Teynampet, Chennai-600 018.
4. The Director of Medical and Rural Health Services, DMS Compound, Teynampet, Chennai-600 018.
5. The Special Secretary, Finance Department, St.George Fort, Secretariat, Chennai-600 009 W.P.No.26630 of 2022 4/4