Madras High CourtWP(MD)/22666/2022disposed of

Selvaraj .M v. The Principal Secretary To The Government

2022-12-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Selvaraj ... Petitioner Vs 1.The Principal Secretary to the Government, Deparment of Health & Family Welfare, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director, Public Health and Preventive Medicine, No.359, Anna Salai, Chennai - 600 006.

3.The Principal Accountant General (A&E), Teynampet, Chennai - 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to sanction petitioner's Pay Band IV in the post of Deputy Director of Public Health and Preventive Medicine with effect from 01.01.2006 as per G.O(Ms) No.245 dated 30.10.2013 and G.O(Ms)No.301 dated 06.10.2015 passed by 1/4

Health and Family Welfare Department by considering the proposal sent by the second respondent to the first respondent vide R.No.44498/E1/S1/2020 dated 20.09.2020 and consequently direct the respondents 1 and 2 to forward the proposal to third respondent for revising the petitioner's pensionary benefits as per revising the petitioners pensionary benefits as per revised pay of scale. For Petitioner : Mr.J.Senthil Kumariah For Respondents : Mr.J.K.Jayaseelan Government Advocate for R.1 & R.2 Mrs.S.Mahalakshmi Standing Counsel for R.3

ORDER

Heard the learned appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent.

2. The first respondent is directed to pass order on the petitioner's representation dated 25.06.2020 on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is seen that the petitioner's representation was forwarded by the second respondent to the first respondent. It is for the first respondent to take a call in the matter. I am conscious that similar writ petition is pending on the file of the Principal Seat. That is why I refrain from giving any positive direction to the 2/4

first respondent to act in a particular manner. It is for the first respondent to pass final order one way or the other. I have not gone into the merits of the matter. This writ petition is disposed of accordingly. No costs. 02.12.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Principal Secretary to the Government, Deparment of Health & Family Welfare, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director, Public Health and Preventive Medicine, No.359, Anna Salai, Chennai - 600 006.

3.The Principal Accountant General (A&E), Teynampet, Chennai - 600 018.

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G.R.SWAMINATHAN, J.

mga 02.12.2022 4/4