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Madras High CourtWP/34928/2025disposed of with direction

Puducherry General Duty v. The Secretary To Government

2025-10-13Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.39094 of 2025 Puducherry General Duty Medical Officers Association, Represented by the Secretary, No.3, Saint Theresa Street, Kanagan Lake Road, Thilaspet, Thattanchavady, Puducherry-605 009. ... Petitioner Vs.

1.The Secretary to Government of Puducherry, Health and Family Welfare Service Department, Goubert Avenue, Beach Road, White Town, Puducherry-605 001.

2.The Chief Secretary, Chief Secretariat, Government of Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry-605 001.

3.The Hon'ble Lieutenant Governor, Raj Nivas, White Town, Puducherry-605 001.

4.The Secretary, Ministry of Health and Family Welfare, Room No.156-A, Nirman Bhawan, New Delhi-110 001.

5.The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi-110 069. ....Respondents (*R3 is deleted vide order dated 13.10.2025 made in W.P.No.34928 of 2025*) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation dated 29.06.2025, submitted by the petitioner Association in response to the publication of the Draft Puducherry Health Services (Amendment) Rules, 2025 and incorporate the suggested changes to bring it in line with the Central Health Services Rules, 2019 and relevant judicial decisions and thereafter, notify the revised Puducherry Health Services (Allopathy) Rules, 2025, within a prescribed time limit. For Petitioner :

Mr.V.B.R.Menon For Respondent : Mr.M.Nirmal Kumar Government Advocate (Puducherry) for R1 and R2 Mr.K.Ravindranath for R4 and R5

O R D E R

Since no order has been passed on the representation of the petitioner dated 29.06.2025, the present Writ Petition has been filed.

2. The case of the petitioner is that the petitioner Association has made a representation on 29.06.2025 in response to the publication of the Draft Puducherry Health Services (Amendment) Rules, 2025 and incorporate the suggested changes to bring it in line with the Central Health Services Rules, 2019 and relevant judicial decisions and thereafter, notify the revised Puducherry Health Services (Allopathy) Rules, 2025, within a prescribed time limit, however, the same has not been considered. Hence, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent Nos.1 and 2 are directed to dispose of the representation of the petitioner, dated 29.06.2025 on merits and in accordance with law, within a specified period.

4. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Puducherry) appearing for the respondent Nos.1 and 2 and the learned counsel appearing for the respondent Nos.4 and 5. Since the representation of the petitioner has to be considered by the respondent Nos.1 and 2, the Hon'ble Lieutenant Governor is not a necessary party and hence, the name of the third respondent is deleted from the array of parties.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent Nos.1 and 2 to consider the representation of the petitioner, dated 29.06.2025 and pass appropriate orders, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

13.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Registry is directed to carry out necessary amendment in the cause title.

To 1.The Secretary to Government of Puducherry, Health and Family Welfare Service Department, Goubert Avenue, Beach Road, White Town, Puducherry-605 001.

2.The Chief Secretary, Chief Secretariat, Government of Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry-605 001.

3.The Hon'ble Lieutenant Governor, Raj Nivas, White Town, Puducherry-605 001.

4.The Secretary, Ministry of Health and Family Welfare, Room No.156-A, Nirman Bhawan, New Delhi-110 001.

5.The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi-110 069.

M.DHANDAPANI, J.

ssb 13.10.2025