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2025 Supreme(Mad) 5331
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J.
Dr.K. Dhiekshaya – Appellant
Versus
The State Of Tamil Nadu, Represented By Its Principal Secretary, Health And Family Welfare Department – Respondent
W.P.Nos.49111, 49115, 49130, 49132, 49134 and 49135 of 2025
Decided On : 16-12-2025
Important Points
Subject
Administrative Law - Public Employment
Headnote
(B) The court ruled that appropriate orders must be passed on the petitioners' representation regarding the stipend arrears within eight weeks from receipt of this order. (Paras 5, 6)
(C) Petitioners pursued various Post Diploma courses and maintained that the stipend discrepancy amounted to significant arrears. (Para 2)
Facts of the case:
The petitioners filed writ petitions seeking stipend arrears totaling Rs.1,40,000/- to Rs.2,71,000/- for services during 2021-2023, noting inaction by the respondents on their representations.
Findings of Court:
The court directed consideration of representations and passing of appropriate orders within eight weeks after a hearing.
Issues: Whether the government should compensate the petitioners for the stipend discrepancies in a timely manner.
Ratio Decidendi: The court emphasized timely consideration of representations made by the petitioners and the duty of the respondents to act on them expediently.
Result: Writ petitions disposed of with directions for action on the representations.
For the Appellant : Mr. P.Gnana Sekaran
For the Respondent:Mr. K.Tippu Sulthan Government Advocate
| Table of Content |
|---|
| 1. claim for stipend arrears based on government orders. (Para 2 , 3 , 4) |
| 2. petitioners seek prompt consideration of their representations. (Para 5 , 6) |
| 3. court orders timely action on the representations. (Para 7) |
| 4. writ petitions disposed of with specified directions. (Para 8) |
ORDER :
M. DHANDAPANI, J.
Mr.K.Tippu Sulthan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petitions are taken up for final disposal at the admission stage itself.
2.The writ petitions have been filed seeking issuance of Writ of Mandamus directing the respondents 5 and 6 to pay the difference of accumulated stipend arrears amount to the tune of Rs.1,40,000/-, Rs.1,79,000/-, Rs.2,34,000/-, Rs.2,71,000/-, Rs.1,20,000/- and Rs.1,20,000/- respectively, in favour of the petitioners, together with interest till date, for the service rendered by the petitioners during February 2022 to April 2023, February 2022 to April 2023, August 2021 to March 2023, July 2021 to August 2023, April 2022 to April 2023, March 2022 to March 2023 respectively.
3.The case of the petitioners is that, the petitioners pursued their Post Diploma DNB in Obstetrics and Gynaecology at Government Medical College, Ramanathapuram, during the year 2022-2024; Post Diploma DNB in General Medicine at Government Head Quarters Hospital, Erode, during the year 2022-2025; Post Diploma DNB in Paediatrics at Government Kamaraj Hospital, Chidambaram, during the year 2020-2023; Post Diploma DNB in Emergency Medicine at Government Medical College, Dindigul, during the year 2020-2023; Post Diploma DNB in NBE Diploma in Family Medicine at Government Head Quarters, Cuddalore, during the year 2022-2024; and Post Diploma DNB in Obstetrics and Gynaecology at Government Medical College, Dindigul, during the year 2022-2024 respectively.
4.The further case of the petitioners is that the petitioners received stipend as per G.O.(Ms).No.335, Health and Family Welfare, (MCA-2) Department, dated 29.07.2021 and G.O.(D).No.98, Health and Family Welfare, (MCA-2) Department, dated 03.02.2022 respectively. Though the said G.Os. were issued prior to commencement of their training, there is difference in the stipend amount paid during the training and the stipend arrears amount to the tune of Rs.1,40,000/-, Rs.1,79,000/-, Rs.2,34,000/-, Rs.2,71,000/-, Rs.1,20,000/- and Rs.1,20,000/- respectively, for the service rendered by the petitioners during February 2022 to April 2023, February 2022 to April 2023, August 2021 to March 2023, July 2021 to August 2023, April 2022 to April 2023, March 2022 to March 2023 respectively and hence they made representation before the respective fifth respondent on 05.09.2023, 16.04.2025, 10.05.2025, 12.02.2024, 08.05.2024 and 12.02.2024 respectively. However, till date, no action has been taken by any of the respondents for disbursal of the accumulated arrears of stipend amount for DNB Training. Hence, the petitioners have come up with the writ petitions.
5.The learned counsel appearing for the petitioners submitted that, it would suffice, if this Court issues a direction to the respondents to consider the petitioners representation dated 05.09.2023, 16.04.2025, 10.05.2025, 12.02.2024, 08.05.2024 and 12.02.2024 respectively and to consequently, pay the arrears of stipend amount to the tune of Rs.1,40,000/-, Rs.1,79,000/-, Rs.2,34,000/-, Rs.2,71,000/-, Rs.1,20,000/- and Rs.1,20,000/- respectively, in favour of the petitioners, together with interest, as expeditiously as possible.
6.The learned Government Advocate appearing for the respondents submitted that, appropriate orders will be passed on the petitioners representation within the time stipulated by this Court.
7.In view of the above, this Court, without going into the merits of the case, directs the fifth respondent to consider the petitioners representation dated 05.09.2023, 16.04.2025, 10.05.2025, 12.02.2024, 08.05.2024 and 12.02.2024 respectively and pass appropriate orders on merit
