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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh, J.
J.Balamurugan - Petitioner
Versus
The Principal Secretary to Government, Department of Health & Family Welfare and ors. - Respondents
Writ Petition No.22939 of 2024 & WMP.Nos.24997 & 24999 of 2024
Decided On : 14-08-2024
Incentive - Pharmacist Selection - G.O.Ms.No.107 dated 26.4.2024 - The court interpreted G.O.Ms.No.107 as applicable only to government medical institutions within Tamil Nadu, emphasizing the need for cross-verification of Covid duty certificates, thus denying the petitioner incentive marks for his service at JIPMER, Puducherry.
Fact of the Case:
The petitioner, a pharmacist working at JIPMER, sought incentive marks under G.O.Ms.No.107 for his service during the Covid pandemic, claiming entitlement despite working outside Tamil Nadu. He was not awarded marks while others were.
Finding of the Court:
The court found that G.O.Ms.No.107 applies only to government medical institutions within Tamil Nadu, and the petitioner did not meet the criteria for incentive marks as he worked at JIPMER, Puducherry.
Issues: Whether the petitioner is entitled to incentive marks under G.O.Ms.No.107 despite working outside Tamil Nadu.
Ratio Decidendi: The court held that the relevant Government Order is confined to institutions within Tamil Nadu, and the petitioner did not satisfy the requirements for incentive marks.
Result: The writ petition is dismissed.
ORDER :
N.Anand Venkatesh, J.
The above writ petition has been filed seeking a direction to the respondents to award incentive marks to the petitioner in accordance with G.O.Ms.No.107 dated 26.4.2024 for selection to the post of pharmacist and consequently select and appoint the petitioner as pharmacist.
2. The case of the petitioner is as follows :
(ii) The second respondent issued a Notification on 10.8.2022 inviting applications for filling up 986 posts of pharmacist. The petitioner applied and also wrote the written examination on 27.4.2023.
(iii) The grievance of the petitioner is that he is entitled to incentive marks, which are being awarded as per G.O.Ms.No.107 dated 26.4.2024 since he has worked in the government medical institution during Covid pandemic period. However, when the result of the written examination was declared, the petitioner found that nearly 12 candidates were awarded the incentive marks whereas the petitioner, who was identically placed, was not awarded any incentive marks. It is under these circumstances, the petitioner has filed the above writ petition seeking for a direction to the respondents to award the incentive marks to him in accordance with G.O.Ms.No.107 dated 26.4.2024.
3. When the matter came up for hearing on 07.8.2024, this Court passed the following order :
2. Mr.L.Murugavelu, learned Standing Counsel takes notice on behalf of the 2nd respondent.
3. This writ petition has been filed by the petitioner seeking for incentive marks in accordance with G.O.Ms.No.107, dated 26.04.2024, wherein, the petitioner has applied for the post of Pharmacist pursuant to the notification issued by the 2nd respondent dated 10.08.2022.
4. The learned Special Counsel appearing on behalf of the 1st respondent submitted that the Government Order that has been relied upon by the petitioner may not apply to the petitioner, since admittedly the petitioner is working at JIPMER, Pondicherry. The learned Special Counsel also wanted to check the authenticity of the Covid Duty Certificate that has been produced by the petitioner and which is found at Page No.127 of the typed set of papers.
5. The learned Standing Counsel appearing on behalf of the 2nd respondent submitted that the entire selection process is complete and therefore, nothing survives in this writ petition.
6. This Court wants to specifically ascertain the stand of the 1st respondent in this case before passing final orders in this writ petition. The learned Special Counsel shall take written instructions in this regard.
7. Post this case immediately after admission on 09.08.2024."
4. Pursuant to the said order dated 07.08.2024, the learned Special Counsel appearing for the first respondent took instructions and filed a typed set of papers containing the relevant Government Orders in respect of various designations touching upon the awarding of incentive marks and also various Government Orders, which deal with the Chief Minister's Comprehensive Health Insurance Scheme (CMCHIS) that can be availed from all government empanelled hospitals.
5. Heard both.
6. Mr.V.Vijayashankar, learned counsel for the petitioner submitted as follows :
The court established that incentive marks under G.O.Ms.No.107 are limited to government medical institutions within Tamil Nadu, requiring strict compliance with the Government Order's provisions.
Proviso under Regulation 9(4) of the Medical Council of India Postgraduate Medical Education Regulations, 2000 does not confer a right on Medical Officers under the service of Government/Public Autho....
The court established that public employment must adhere to principles of equality and non-discrimination, affirming the right to weightage marks for COVID-19 service under applicable government orde....
The court affirmed the necessity of extending admission incentives to all in-service medical professionals, not just specific categories, upholding public interest and compliance with MCI regulations....
The court established that the nature of work must be similar for bonus marks eligibility, and distinct departmental rules govern the recruitment processes.
The court established that public employment must adhere to principles of equality and non-discrimination, affirming that COVID-19 service should be recognized in recruitment processes.
Teachers are entitled to incentive increments for higher qualifications relevant to the subjects they teach, as established by G.O. provisions, despite contrary departmental letters.
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