Madras High Court
Dr.Moorthy S vs The Union Of India on 3 August, 2023
WP.Nos.9027 & 9029 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.Nos.9027 & 9029 of 2023
Dr.Moorthy S .. Petitioner in W.P.No.9027 of 2023
Dr.Pugazhendhi .. Petitioner in W.P.No.9029 of 2023
Versus
1.The Union of India
Rep. by the Secretary to Government
Ministry of Health and Family Welfare
Nirman Bhavan, New Delhi.
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
3.The Joint Director (Health)
Railway Board
Rail Bhavan, New Delhi.
4.General Manager
Southern Railway
Moore Market Complex
Chennai-600 003.
5.The Chief Medical Director
Southern Railway
Moore Market Complex
Chennai-600 003.
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WP.Nos.9027 & 9029 of 2023
6.The Principal Financial Advisor
Southern Railway
Moore Market Complex
Chennai-600 003.
7.The Medical Director
Southern Railway Head Quarters Hospital
Aynavaram,
Perambur, Chennai-23.
8.The Additional Chief Health Director
and DNB Coordinator
Southern Railway
Headquarters Hospital
Aynavaram,
Perambur, Chennai-600 023. .. Respondents in both cases
Common Prayer: Writ Petitions are filed under Article 226 of the Constitution
of India praying to issue a Writ of Mandamus, directing the 1st respondent and
3rd to 8th respondents to pay salary and stipend to the petitioners on par with
emoluments paid to senior resident doctors from the date of joining
DrNB(SS)Cardiology Course in the 7th respondent Hospital.
Both cases
For Petitioners : Ms.Gopika Nambiar
for Mr.Sharath Chandran
For Respondents : Mr.G.Ilangovan for R1, R3 to R8
Central Government Standing Counsel
COMMON ORDER
These writ petitions have been filed seeking to direct the 1st respondent
and 3rd to 8th respondents to pay salary and stipend to the petitioners on par
with emoluments paid to senior resident doctors from the date of joining
DrNB(SS)Cardiology Course in the 7th respondent Hospital.
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WP.Nos.9027 & 9029 of 2023
2. Since, the facts and circumstances of these cases are identical in
nature, these cases are disposed of by way of this Common Order.
3. It is the case of the writ petitioners that they are fully qualified doctor
with an MBBS degree and was appointed a Post-Doctorate DrNB(SS)
Superspeciality Resident Doctor in the sixth respondent hospital. According to
them, their scheme of salary/stipend is governed by Order dated 02.04.2019
issued by the first respondent and they are entitled for the salary/stipend at par
with the salary payable to the resident doctors. Subsequently, it was also
clarified that the stipend payable to DNB/DrNB trainees should include non-
practising allowance. It is the grievance of the petitioners that the second
respondent re-fixed the minimum stipend payable to the trainees and had
drastically reduced the stipend amount. This Court vide several orders had
directed to pay salary/stipend to the DNB/DrNB trainees on par with
emoluments paid to the resident doctors. However, the same has not been given
to the petitioners, who are DrNB(SS) Super speciality Resident Doctor. Hence,
these writ petitions.
4. Mr.G.Ilangovan, Central Government Standing Counsel submitted
that the matter is already settled, the petitioners are entitled to the stipend as
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WP.Nos.9027 & 9029 of 2023
per the Circular dated 02.04.2019 issued by the National Board of
Examination.
5. The relevant portion of the Circular dated 02.04.2019 which would be
appropriate to extract hereunder:
“... 3. The phrase “basic stipend according to state government
policy” in para 2 should be interpreted for different states as detailed under:
The phrase “basic stipend according
to state government policy” in NBF
stipend guidelines should be
Categories of States interpreted as under:
For DNB Board For DNB Super
Speciality trainees Speciality &
FNB trainees
States which the stipend to MD/MS and The consolidated sum The consolidated sum
Dm/MCh trainees of State Government paid to MD/MS paid to DM/MCh
Medical Colleges is paid as a consolidated trainees of State trainees of State
sum (without any break-up of basic pay and Government medical Government Medical
allowance) colleges Colleges
States where the stipend paid to MD/MS and Pay level 10 of 7th Pay level 11 of 7th
Dm/MCh trainees of State Government CPC. CPC.
Medical Colleges is structured as a Basic
Pay plus various allowances (Such as DA, (Cell 1, 2 and 3 of (Cell 1, 2 and 3 of
NPA, HRA etc., and as per recommendations pay level 10 in pay pay level 11 in pay
of 7th CPC matrix of 7th CPC matrix of 7th CPC
correspond to first, correspond to first,
second and third year second and third year
of training of training
respectively) respectively)
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WP.Nos.9027 & 9029 of 2023
6. This Court by various judgments had allowed the same. The Division
Bench in the Judgment passed in W.A.No.212 of 2021 had directed the
respondents to settle this raging issue without driving the students, who may be
admitted in the next academic year, to approach this Court for similar relief, as
in the past. Further, the learned Central Government Standing Counsel himself
had admitted that the petitioners are entitled for payment on par with senior
resident doctors of the State Government Medical Colleges.
7. Such view of the matter, there shall be a direction to the respondents
to pay the stipend on par with emoluments paid to the senior resident doctors
of the State Government Medical Colleges, from the date of their joining
DrNB(SS) Cardiology Course in the seventh respondent Hospital, within a
period of two months from the date of receipt of a copy of this Order.
8. Accordingly, these writ petitions stands disposed of. No costs.
03.08.2023
dhk
Index:Yes/No
Internet: Yes/No
Neutral Citation:Yes/No
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WP.Nos.9027 & 9029 of 2023
To
1.The Secretary to Government
The Union of India
Ministry of Health and Family Welfare
Nirman Bhavan, New Delhi.
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
3.The Joint Director (Health)
Railway Board
Rail Bhavan, New Delhi.
4.General Manager
Southern Railway
Moore Market Complex
Chennai-600 003.
5.The Chief Medical Director
Southern Railway
Moore Market Complex
Chennai-600 003.
6.The Principal Financial Advisor
Southern Railway
Moore Market Complex
Chennai-600 003.
7.The Medical Director
Southern Railway Head Quarters Hospital
Aynavaram,
Perambur, Chennai-23.
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WP.Nos.9027 & 9029 of 2023
8.The Additional Chief Health Director
and DNB Coordinator
Southern Railway
Headquarters Hospital
Aynavaram,
Perambur, Chennai-600 023.
https://www.mhc.tn.gov.in/judis
WP.Nos.9027 & 9029 of 2023
N.SATHISH KUMAR, J.
dhk
WP.Nos.9027 & 9029 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
