Mahalakshmi .K v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 1.K.Mahalakshmi 2.G.Bhaskar 3.T.Sethupathi 4.K.Manikandan 5.T.Karthik Pandian 6.A.Ramanathan 7.Kiruthika Kesavan 8.P.Sona Priya 9.A.Ahamed Kalil 10.Kalyanasundaram 11.B.Manikandan 12.P.Krishna Rajan 13.J.Balasubramanian 14.T.Grashia 1/6
15.P.Saravanan 16.K.Jadamuni 17.R.Gokulnath 18.K.Vivek 19.B.Velmurugan 20.G.Saravanakumar 21.Asma J.A.Batcha 22.J.Aravindan 23.P.Rajesh ... Petitioners Vs.
1.The State of Tamil Nadu, Represented by the Principal Secretary, Health and Family Welfare Department, 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, Sivagangai.
... 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 to disburse all the arrears of the petitioners with effect from 2/6
18.06.2021 in terms of G.O.(MS).No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.
For Petitioners : Mr.S.Venkatasubramaniyan For Respondents : Mr.V.Om Prakash Government Advocate
ORDER
The present writ petition has been filed seeking a Mandamus to direct the respondents to disburse all the arrears of 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 various medical colleges. According to the petitioners, the 1st respondent has issued of G.O.Ms.No.293, Health and Family Welfare (A1) Department, 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 authorities. One of the doctors, A.Saravana Kumar had filed W.P(MD)No.26630 of 2022 with the same prayer and 3/6
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 of G.O.Ms.No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.
3. There is no dispute that of 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 petitioners also. However, the concerned respondents, namely the 3rd respondent has not evinced any interest to confer the said benefits upon the writ petitioners.
4. In view of the above said facts, the 3rd respondent is directed to confer the said benefits upon the writ petitioners in terms of G.O.Ms.No. 293, Health and Family Welfare (A1) Department, dated 18.06.2021 4/6
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. No costs. 22.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg To 1.The Principal Secretary, The State of Tamil Nadu, Health and Family Welfare Department, 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, Sivagangai.
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R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
22.12.2023 6/6