Dr.D.Santhanakrishnan v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2023

CORAM:

THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Dr.D.Santhanakrishnan ... Petitioner Vs.

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

2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 600 010

3. The Director of Public Health and Preventive Medicine, Chennai - 18 4.The Director of Medical and Rural Health services, Chennai - 600 018

5. The Special Secretary, Finance Department, Fort St.George, Secretariat, Chennai ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to implement G.O.Ms.No.293 Health and Family Welfare Department dated 18.06.2021, 1/6

to enable the petitioner to get monetary benefits every month from the date of issuance of the G.O., by passing orders on the representation dated 01.09.2023.

For Petitioner : Mr. C.Balasundar For Respondents : Mrs.V.Yamuna Devi for R1 to R4 Special Government Pleader Mr.A.Selvendran for R5 Special Government Pleader

O R D E R

Seeking for an issuance of a Writ of Mandamus directing the respondents to implement G.O.Ms.No.293 Health and Family Welfare Department dated 18.06.2021, to enable the petitioner to get monetary benefits every month from the date of issuance of the G.O., by passing orders on the representation dated 01.09.2023, the petitioner has come up with the present Writ Petition.

2. With consent on either side, the main Writ Petition itself is taken up for final disposal at the admission stage.

3. The brief facts of the case is that the petitioner is working as Assistant Professor in Department of General Medicine in Madras Medical College, Chennai and the petitioner joined service on 16.03.2015 and duly regularized. Since many Government Doctors and Associations member 2/6

doctors requested and protested for pay hike, based on the request, the Goverenment offered to consider the request on pay hike. Accordingly, the Government constituted a Committee for revision of pay and allowances for medical officers. Accordingly, G.O.Ms.No.293 dated 18.06.2021 was passed and the same was implemented to all the Tamilnadu Government Hospitals / medical colleges, however, it was not implemented for the petitioner even after several request, hence this petition.

4. The learned counsel for the petitioner would submit that due to non implementation of the said G.O., to all government hospitals / medical colleges, other medical officers have lost their monetary benefits on monthly basis. Further, one Dr.Saravana Kumar, a specialist Doctor, filed a W.P.No.26630 of 2022 before this Court seeking to implement G.O.Ms.No.293 dated 18.06.2021 and this Court by order dated 26.10.2022 directed to implement the said G.O., and accordingly, the said Saravana Kumar was also benefited. Though the petitioner has made representation to implement the said G.O., to the concerned authorities, 01.09.2023, the same has not been implemented till date, thereby sought for a direction, hence this petition.

5.Mrs.V.Yamuna Devi, learned Special Government Pleader and Mr.A.Selvendran for R5, learned Special Government Pleader takes 3/6

notice for the respondents 1 to 4 and 5 respectively and submits if four weeks time is granted, the respondents will consider the representation of the petitioner dated 01.09.2023 and pass appropriate orders in accordance with law.

6. Considering the narrow scope of the relief sought by the learned counsel for the petitioner, without going into the merits of the matter, the present Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 01.09.2023 and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. No costs. 04.10.2023 Index:Yes/No Internet:Yes/No Speaking / Nonspeaking order ssd To

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

2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 600 010

3. The Director of Public Health and Preventive Medicine, Chennai - 18 4/6

4.The Director of Medical and Rural Health services, Chennai - 600 018

5. The Special Secretary, Finance Department, Fort St.George, Secretariat, Chennai 5/6

V.BHAVANI SUBBAROYAN J.

ssd 04.10.2023 6/6