Disposed

Dr.Rajesh Kumar T v. The Union of India

Madras HC27 Feb 2023WP/5617/2023

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition by refusing a direct directive to pay salary and stipend. Instead, following the Court's prior judgment in Jerrin C Joy, it granted the petitioner liberty to make a fresh representation for the benefit of a resolution.

What did the court decide?

Liberty granted to petitioner to make a fresh representation to respondents; respondents directed to consider the representation and pass orders within four months.

Dr.Rajesh Kumar T Vs The Union of India — Service and Employment | Madras HC (2023)

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W.P.No.5617 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.02.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.5617 of 2023

Dr.Rajesh Kumar T

...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), Railway Board, Rail Bhavan, New Delhi.

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

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W.P.No.5617 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 – 23.

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8.The Additional Chief Health Director,

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& DNB Coordinator, Southern Railway, Headquarters 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 1^st Respondent and 3^rd to 8^th Respondent to pay salary and stipend to the Petitioner on par with 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

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For R1 and R3 to R8 : Mr.S.Diwakar

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(Central Government Senior Panel Counsel)

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W.P.No.5617 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

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W.P.No.5617 of 2023

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allowed and the respondents are directed to pay 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

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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

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respondents could be directed to consider the claim of the petitioner 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 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 1, 3 to 8 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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27.02.2023 (1/5)

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Index:Yes/No Speaking order/Non-speaking order dm

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W.P.No.5617 of 2023

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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