Dr.V.Vijayakumar v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Dr.V. Vijayakumar ... Petitioner Vs.

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 Dean, Government Nagapattinam Medical College & Hospital, Orathur Village, Nagapattinam - 611 108.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to 1/4

implement the G.O.(Ms).No.293 Health and Family Welfare Department dated 18.06.2021, to enable the petitioner to get his monetary benefits as per the said G.O. every month from the date of issue of the G.O. by passing orders on the representation dated 12.10.2023. For Petitioner : Mr.C. Balasundar For Respondents : Mrs.V. Yamuna Devi, Special Government Pleader

ORDER

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

2. The petitioner herein has given a representation to the respondents 1 to 3 on 12.10.2023, seeking for implementation of G.O.(Ms).No.293 Health and Family Welfare Department dated 18.06.2021, to enable him to get his monetary benefits as per the said G.O. every month from the date of issue of the G.O. Since the said representation has not been considered till date, 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 upon them 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 Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the respondents herein, to consider the petitioner's representation dated 12.10.2023, on their own merits and 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 of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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M.S.RAMESH,J.

Sni

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

28.11.2023 Index:Yes/No Speaking order/Non-speaking order Sni 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 Dean, Government Nagapattinam Medical College & Hospital, Orathur Village, Nagapattinam - 611 108.

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

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