V.Chandran v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Chandran
...Petitioner
-Vs1.The Principal Secretary to Government, Medical and Family Welfare Department, Secretariat, Chennai - 600 009.
2.The Secretary, Health and Family Planning Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
3.The Secretary, Finance Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
4.The Director, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
5.The Dean, Rajiv Gandhi Government General Hospital, Poonamallee High Road, Chennai - 600 003.
...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to pass Orders based on the recommendation of the fourth respondent in Ref. No.98611/E5/2/2023 dated 24.03.2023 and to revise the pay scale of the petitioner's designation "Anaesthesia Technician Grade-I" on par with the similar ECG Technician Grade-I with effect from 01.06.2006 and disburse the pending salary and necessary increments to the Petitioner. For Petitioner : Mr.M.Nalla Thambi For Respondents : Mr.A.M.Ayyadurai Government Advocate
ORDER
This Writ Petition has been filed for direction directing the first respondent to pass Orders based on the recommendation of the fourth respondent in Ref. No.98611/E5/2/2023 dated 24.03.2023 and to revise the pay scale of the petitioner's designation "Anaesthesia Technician Grade-I" on par with the similar ECG Technician Grade-I with effect from 01.06.2006 and disburse the pending salary and necessary increments to the Petitioner.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner had joined in the fifth respondent Hospital as Hospital servant on 03.11.1979. After qualifying the written internal examination, he was selected and promoted to the post of Male Nursing Assistant, in the year 1984. After completion of ten years, he was promoted as Theater Assistant in the year 1994. Thereafter, he was promoted as Anesthesia Technician Grade-I, on 17.05.2006. He got retired on 30.09.2011 as Anesthesia Technician Grade-I. In the year 2009, the Government of Tamil Nadu revised the pay scale for the various health workers, thereby the pay scales of the selection grade workers was revised with effect from 01.06.2006. However, the post of Anesthesia Technician Grade-I, was left alone by the respondents and as such, the petitioner submitted a representation. Now, the fourth respondent recommended the case of the petitioner by its communication dated 24.03.2023 and it is pending on the file of the first respondent.
4. Considering the above facts and circumstances of the case, the first respondent is directed to pass appropriate orders, on merits and in accordance with law, on the basis of the recommendation sent by the fourth respondent in Ref. No.98611/E5/2/2023 dated 24.03.2023, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
11.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To 1.The Principal Secretary to Government, Medical and Family Welfare Department, Secretariat, Chennai - 600 009.
2.The Secretary, Health and Family Planning Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
3.The Secretary, Finance Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
4.The Director, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
5.The Dean, Rajiv Gandhi Government General Hospital, Poonamallee High Road, Chennai - 600 003.
G.K.ILANTHIRAIYAN. J, mn 11.01.2024