D.Kamatchi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.25483 of 2023 1.Dr.D.Kamatchi 2.Dr.P.Gayathri 3.Dr.U.Punitha Gnanaselvi 4.Dr.K.Senthil Nayagam 5.Dr.E.Amuthavalli 6.Dr.M.Rajmohan ... Petitioners vs.
1.The State of Tamil Nadu, Rep. by the Principal Secretary, Health and Family Welfare Department, For St. George, Chennai 600 010.
2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai- 600010.
3.The Dean, KAPV Government Medical College, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to 1/5
sanction and release the salary, allowances and other attendant benefits forthwith in terms of G.O.(MS) No.293, Health and Family Welfare (A1) Department dated 18.06.2021 in favour of the petitioners along with the arrears from the date of Government order.
For Petitioner :Mr.S.Venkatasubramaniyan For Respondents :Mr.N.GA.Natraj Government Advocate *****
O R D E R
The present Writ Petition has been filed seeking a Mandamus to direct the respondents to sanction and release the salary, allowances and other attendant benefits to the petitioners in terms of G.O(Ms)No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.
2. The Writ Petitioners are Assistant Surgeons with super speciality, working in the third respondent Medical College. According to the petitioners, the first respondent has issued G.O(Ms)No.293, dated 18.06.2021, conferring various benefits to the Writ Petitioners / Doctors. The petitioners as well as their Associations have made several representations to the officials concerned for implementing the said Government Order. However, there was no response from the concerned 2/5
authorities. One of the Doctors, A.Saravana Kumar had filed W.P(MD)No.26630 of 2022 with the same prayer 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 salary, allowances and other attendant benefits in accordance with G.O(Ms)No.293, dated 18.06.2021.
3. There is no dispute that G.O(Ms)No.293, dated 18.06.2021 confer several monetary and other benefits to the Writ Petitioners and the same is applicable to the Writ Petitioners also. However, the third respondent has not evinced any interest to confer the said benefits upon the Writ Petitioners.
4. In view of the above said facts, the third respondent is directed to confer the said benefits upon the Writ Petitioners in terms of 3/5
G.O(Ms)No.293, 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. Index :Yes / No 13.12.2023 Internet :Yes / No (2/2) NCC :Yes / No cmr To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, For St. George, Chennai 600 010.
2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai- 600010.
3.The Dean, KAPV Government Medical College, Trichy.
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R.VIJAYAKUMAR, J.
cmr 13.12.2023 (2/2) 5/5