Disposed

Dr.Sanjana S v. The Union of India

Madras HC24 Feb 2023WP/5493/2023

Case brief

AI extract

What is this about?

A Single Judge disposed of a writ petition filed by a doctor seeking parity in salary and stipend with resident doctors while undergoing a DNB course. Following a similar order in W.P.No.12404 of 2019 and its confirmation by a Division Bench, the Court granted liberty to the petitioner to seek payment via fresh representation.

What did the court decide?

Liberty granted to make a fresh representation for payment of salary and stipend on par with resident doctors from the date of joining DNB course, to be considered within 12 weeks.

Dr.Sanjana S Vs The Union of India — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.5493 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.02.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.5493 of 2023

Dr.Sanjana.S

...Petitioner

1.The Union of India, Rep. by the Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

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2.The Director, National Board of Examinations, Ministry of Health and Family Welfare, Government of India, NAMS Building, Ansari Nagar, Mahatma Gandhi Marg, New Delhi - 110 029.

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3.The Joint Director (Health), Railwya Board, Rail Bhavan, New Delhi.

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4.General Manager, Southern Railway, Moore Market Complex, Chennai - 600 003.

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https://www.mhc.tn.gov.in/judis

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1/8

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W.P.No.5493 of 2023

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5.The Chief Medical Director, Southern Railway, Moore Market Complex, Chennai - 600 003.

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6.The Principal Financial Advisor, Southern Railway, Moore Market Complex, Chennai - 600 003.

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7.The Medical Director, Southern Railway Head Quarters Hospital, Aynavaram, Perambur, Chennai - 600 023.

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8.The Additional Chief Health Director and DNB Corordinator, Southern Railway Head Quarters Hospital, Aynavaram, Perambur, Chennai - 600 023. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 and 3 to 8 to pay salary and stipend to the petitioner on par with the emoluments paid to resident doctors, from the date of joining DNB Course in the 7^th respondent Hospital.

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For Petitioner : Mr.Sharath Chandran For R1, R3 to R8 : Mr.S.Diwakar For R2 : Mr.P.T.Ramkumar

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W.P.No.5493 of 2023

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ORDER

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With the consent of both parties, the writ petition is taken up for

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final disposal at the admission stage itself.

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The prayer sought for in this Writ Petition is for a direction to

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the respondents 1, 3 to 8 to pay salary and stipend to the petitioner on par with the emoluments paid to resident Doctors, from the date of joining DNB Course in the 7 th respondent Hospital.

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3. The issue involved in the present Writ Petition has already been dealt with a learned single Judge of this Court in the case of Jerrin C Joy and others Vs. The Union of India, Ministry of Health and Family Welfare and others passed in W.P.No.12404 of 2019, dated 16.03.2020, wherein the respondents were directed to pay salary/stipend to the petitioners therein on par with emoluments paid to the resident junior Doctors, from the date of joining in the DNB course, together with arrears. The relevant portion of the order reads as follows:

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"9. In view of the above, this writ petition is allowed and the respondents are directed to pay

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W.P.No.5493 of 2023

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salary/stipend to the petitioners on par with emoluments paid to the resident junior Doctors, from the date of their joining of the DNB course. Necessary orders shall be passed in this regard, within a period of four weeks from the date of receipt of copy of this order. Arrears of stipend/ salary shall be paid to the petitioners, within a period of eight weeks from the date of receipt of copy of this order. The petitioner shall be continued to be paid the salary/stipend on par with the emoluments of the Resident doctors. No costs. Consequently, the connected miscellaneous petition is closed."

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The aforesaid order came to be confirmed by an Hon'ble Division Bench of this Court in a Judgement passed in W.A.No.212 of 2021, dated 02.03.2021.

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4. By following the aforesaid order passed in W.P.No.12404 of 2019, which has been confirmed by the Hon'ble Division Bench of this Court in W.A.No.212 of 2021, this Court is of the view that the respondents could be directed to consider the claim of the petitioner

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https://www.mhc.tn.gov.in/judis

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W.P.No.5493 of 2023

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herein also, who seek for payment of salary and stipend on par with emoluments paid to the resident Doctors from the date of joining the DNB course.

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5. In the light of the above findings, the petitioner herein is granted

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liberty to make a fresh representation to the respondents 1, 3 to 8, seeking for payment of salary and stipend, on par with the emoluments paid to the resident Doctors, from the date of joining in the DNB course in the 7 th respondent hospital. On receipt of such a representation, the respondents shall consider the same, in the light of the orders passed by this Court in W.P.No.12404 of 2019 dated 16.03.2020, as well as in W.A.No.212 of 2021, dated 02.03.2021, and pass favourable orders, within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs.

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24.02.2023

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Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk

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W.P.No.5493 of 2023

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1.The Secretary to Government, Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

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2.The Director, National Board of Examinations, Ministry of Health and Family Welfare, Government of India, NAMS Building, Ansari Nagar, Mahatma Gandhi Marg, New Delhi - 110 029.

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3.The Joint Director (Health), Railwya Board, Rail Bhavan, New Delhi.

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4.General Manager, Southern Railway, Moore Market Complex, Chennai - 600 003.

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5.The Chief Medical Director, Southern Railway, Moore Market Complex, Chennai - 600 003.

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6.The Principal Financial Advisor, Southern Railway, Moore Market Complex, Chennai - 600 003.

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https://www.mhc.tn.gov.in/judis

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W.P.No.5493 of 2023

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7.The Medical Director, Southern Railway Head Quarters Hospital, Aynavaram, Perambur,

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Chennai - 600 023.

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8.The Additional Chief Health Director and DNB Corordinator, Southern Railway Head Quarters Hospital, Aynavaram, Perambur, Chennai - 600 023.

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W.P.No.5493 of 2023

M.S.RAMESH,J.

hvk

W.P.No.5493 of 2023

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24.02.2023

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Dr.Sanjana S v. The Union of India

Case brief

What is this about?

What did the court decide?

Dr.Sanjana S v. The Union of India

Case brief

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