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Madras High CourtWP/34002/2022disposed of

Dr.S.Arunkumar v. The Secretary

2022-12-20Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.34002 of 2022 S.Arunkumar ... Petitioner vs.

1.The Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2.Directorate of Public Health and Preventive Medicine, 359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

3.The Deputy Director of Health Service, Collectorate Campus, Salem - 636 001.

4.The Block Medical Officer, Government Primary Health Centre, Kolathur, Salem District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the 1/4

service benefits and monetary benefits to him by considering the petitioner's representation dated 01.09.2022 within the time frame fixed by this Court.

For petitioner :

Mr.A.Saravanan For respondents :

Ms.E.Indhumathi, Government Advocate

ORDER

The writ petition has been filed for a Mandamus seeking for a direction to the respondents to disburse the service benefits and monetary benefits to the petitioner by considering his representation dated 01.09.2022 within the time frame to be fixed by this Court. 2.The grievance of the petitioner in this writ petition is that the respondents have failed to disburse his service benefits and monetary benefits. The third respondent had initiated disciplinary proceedings against the petitioner under 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules 1955. The Disciplinary Authority had imposed a punishment of stoppage of increment for six months with cumulative effect on the petitioner. According to the petitioner, without furnishing a copy of the enquiry report, the respondents have concluded the disciplinary proceedings and they imposed a punishment on the 2/4

petitioner as stated supra. The petitioner has given a representation on 01.09.2022 requesting the respondents to disburse the service and monetary benefits to him. Since the representation has not been considered till date, he has filed this writ petition. 3.Heard Mr.A.Saravanan, learned counsel for the petitioner and Ms.E.Indhumathi, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 5.For the foregoing reasons, this Court directs the second respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 01.09.2022 seeking for disbursement of service benefits and monetary benefits in his favour, within a period of eight weeks from the date of receipt of a copy of this order. 3/4

ABDUL QUDDHOSE, J.

vga 6.With the aforesaid direction, the writ petition stands disposed of. No costs.

20.12.2022 Index: Yes/No vga To 1.The Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2.Directorate of Public Health and Preventive Medicine, 359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

3.The Deputy Director of Health Service, Collectorate Campus, Salem - 636 001.

4.The Block Medical Officer, Government Primary Health Centre, Kolathur, Salem District.

W.P.No.34002 of 2022 4/4