Dr.S.Murali, M.D.(Psychiatry) v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Dr.S.Murali

...Petitioner

Vs 1.The State of Tamil Nadu, Rep. by the Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

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

3.The Special Secretary, Finance Department, St.George Fort, Secretariat, Chennai - 600 009.

4.The Dean, Government Vellore Medical College, Adukamparai - 632 011.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction 1/6

and release the salary, allowances and other attendant benefits forthwith in terms of G.O.(Ms).No.293, Health and Family Welfare (A1) Department dated 18.06.2021 from the date of the said Government Order by passing appropriate orders on the petitioner's representations dated 08.09.2023.

For Petitioner : Mr.A.K.Raghavulu For R1, R2 & R4 : Mr.M.Alagu Goutham Government Advocate For R3 : Mr.A.Selvendran Special Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner herein had given a representation to the respondents on 08.09.2023, seeking to implement G.O.(Ms).No.293, Health and Family Welfare (A1) Department dated 18.06.2021 and sanction his allowance. Since the said representation was not considered, the present Writ Petition has been filed.

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3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast on him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 08.09.2023, pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 3/6

5. With the above direction, the Writ Petition stands disposed of. No costs.

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To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

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

3.The Special Secretary, Finance Department, St.George Fort, Secretariat, Chennai - 600 009.

4.The Dean, Government Vellore Medical College, Adukamparai - 632 011.

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M.S.RAMESH,J.

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