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Madras High CourtWP(MD)/26875/2023allowed

Gunavathy. K v. The Principal Secretary

2023-11-09Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Gunavathy ... Petitioner Vs.

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

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

3.The Dean, Government Medical College and Hospital, Karur, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to sanction and release two special increments and other allowances to the petitioner forthwith in terms of G.O(Ms)No.293 Health and Family Welfare 1/5

(A1) Department, dated 18.06.2021 by considering the petitioner's representation, dated 08.09.2023.

For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.N.GA.Natraj Government Advocate

ORDER

The present writ petition has been filed seeking a Mandamus to direct the respondents to sanction and release two special increments and other allowances to the petitioner in terms of G.O.Ms.No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.

2. The writ petitioner is Assistant Surgeon with super speciality, working in a Medical Colleges. According to the petitioner, the first respondent has issued G.O(Ms)No.293, Health and Family Welfare (A1) Department, dated 18.06.2021, conferring various benefits to the writ petitioner / Doctor. The petitioner as well as her Association has made several representations to the officials concerned for implementing the said Government Order. However, there was no response from the concerned authorities. One of the Doctors, A.Saravana Kumar had filed W.P(MD)No.26630 of 2022 with the same prayer 2/5

and this Court was pleased to allow the said writ petition on 26.10.2022. With a similar prayer, certain Doctors had approached this Court in W.P(MD)Nos. 8392 and 14397 of 2023 which was allowed by this Court on 28.06.2023. Another batch of 5 Doctors have approached this Court in W.P(MD)No.23466 of 2023 and the said writ petition was allowed on 26.09.2023. In all these writ petitions, the authorities have been directed to sanction and release the writ petitioner's salary, allowances and other attendant benefits in accordance with G.O(Ms)No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.

3. There is no dispute that G.O(Ms)No.293, Health and Family Welfare (A1) Department, dated 18.06.2021 confer several monetary and other benefits to the writ petitioner and the same is applicable to the writ petitioner also. However, the concerned respondents, namely the third respondent has not evinced any interest to confer the said benefits upon the writ petitioner.

4. In view of the above said facts, the third respondent is directed to confer the said benefits upon the writ petitioner in terms of G.O(Ms)No.293, 3/5

Health and Family Welfare (A1) Department, dated 18.06.2021, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands allowed to the extent as stated above. There shall be no order as to costs. 09.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Principal Secretary, Health and Family Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

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

3.The Dean, Government Medical College and Hospital, Karur, Karur District.

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R.VIJAYAKUMAR, J.

BTR 09.11.2023 5/5