Dr.Muhammed Yasir Kundanath v. The State of Tamil Nadu

Order This writ petition has been filed seeking the issuance of a writ of mandamus directing the 5th and 6th respondents to pay the difference of accumulated stipend Arrear Amount of Rs 1,20,000/- (One lakh twenty thousand only) for the demand made in the Letter dated 05.09.2023 as per the Revised G.O (Ms) No 335, Health and Family Welfare, (MCA-2) Department dated 29.07.2021 and ii. G.O (D) No 98, Health and Family Welfare (MCA-2) Department dated 25.01.2023, for the service rendered during 1st year between April 2022 to March 2023 together with interest till date.

¶2It is the case of the petitioner that he completed the Post Diploma DNB in Paediatrics at the Government Headquarters Hospital, Erode, during the period 26.04.2022 to 25.04.2024. During the course, he was paid a monthly stipend of Rs.35,000/- for the first year and Rs.37,500/- for the second year. Subsequently, G.O.(Ms.) No.335, Health and Family Welfare Department, dated 29.07.2021, and G.O.(D) No.98, Health and Family Welfare Department, dated 25.01.2023, revised the stipend Page4 of 7 retrospectively. Accordingly, the petitioner became entitled to the difference in stipend for the period April 2022 to March 2023, amounting to Rs.1,20,000/-. The petitioner submitted a representation dated

05.09.2023 requesting payment of the arrears. Since no action was taken on the representation, the petitioner has filed the present writ petition seeking a direction to the respondents to disburse the eligible stipend arrears.

¶3Heard the learned counsel for the petitioner and the learned Government Advocate appearing for respondents.

¶4Considering the limited scope of the prayer sought in this writ petition, and without expressing any opinion on the merits of the case, this Court directs the respondents 5 and 6 to consider the petitioner's representation dated 05.09.2023 as per G.O.(Ms.) No.335, Health and Family Welfare Department, dated 29.07.2021, and G.O.(D) No.98, Health and Family Welfare Department, dated 25.01.2023 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Page5 of 7

¶5With the above direction, this Writ Petition is disposed of. No costs. 13-07-2026 Index: Yes/No Speaking/Non-speaking order SRN To

¶1The Principal Secretary, State of Tamilnadu Health and Family Welfare Department, Secretariat , Chennai 600 009

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

¶3The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health Service 359 Anna Salai, Chennai 600 006

¶4The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine 359 Anna Salai Chennai 600 006

¶5The Dean, Government Medical College, Ramanathapuram 623 501. Page6 of 7

¶6The Mission Director, National Health Mission Health and Family Welfare Department, Government of Tamil Nadu, 5th Floor, TNHSP building 359 Anna Salai Teynampet Chennai 600 006 Page7 of 7 P.T.ASHA J. SRN 13-07-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA Muhammed Yasir Kundanath ..Petitioner(s) Vs 1. The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat , Chennai 600 009 2. Directorate of Medical Education Represented by the Director of Medical Education, Kilpauk, Chennai 600 010 3. Directorate of Medical and Rural Health Service Represented by the Director of Medical and Rural health Services, 359 Anna Salai, Chennai 600 006 4. Directorate of Public Health and Preventive Medicine Represented by the Director of public Health and Preventive Medicine, 359 Anna Salai Chennai 600 006 5. The Dean, Government Medical College, Ramanathapuram 623 501. Page2 of 7 6. National Health Mission Represented by its Mission Director, Health and Family Welfare Department, Government of Tamil Nadu, 5th Floor, TNHSP building 359 Anna Salai, Teynampet Chennai 600 006 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 5th and 6th respondents to pay the difference of accumulated stipend Arrear Amount of Rs 1,20,000/- (One lakh twenty thousand only) for the demand made in the Letter dated 05.09.2023 as per the Revised G.O (Ms) No 335, Health and Family Welfare, (MCA-2) Department dated 29.07.2021 and ii. G.O (D) No 98, Health and Family Welfare (MCA-2) Department dated 25.01.2023, for the service rendered during 1st year between April 2022 to March 2023 together with interest till date. For Petitioner(s): Mr.P.Gnanasekaran For Respondent(s): Mr.K.Sathish Government Advocate Page3 of 7