P CHINNARAJAN Vs. DIRECTOR LOCAL FUND AUDIT DEPARTMENT; COLLECTOR THIRUVANNAMALAI DISTRICT; COMMISSIONER POLUR PANCHAYAT UNION

JUDGEMENT

(1.) Heard the submissions made on either side. The respondents filed counter affidavits.

(2.) The petitioner joined service as B-II Class Siddha Doctor on 28.11.1967 and was employed as Rural Medical Practitioner, in the Panchayat Union, on full time basis. The persons, similarly situated like the petitioner, also worked in various Panchayat Unions. Unfortunately, they were not granted time scale of pay and other benefits payable to the Doctors, who are governed by the Tamil Nadu Medical Service Rules. That is, while the Allopathy Doctors were given time scale of pay and other benefits, those indigenous Indian Medicine Doctors were not given time scale of pay.

(3.) Initially, one Dr.Shanmugam, a B-II Medical Practitioner came before this Court, seeking regular time scale of pay, by filing writ petition, in W.P.No.1538 of 1978. A learned single Judge of this Court allowed the said writ petition by directing the respondents therein to provide him time scale of pay. The said order of this Court was implemented and the Government also issued orders in G.O.Ms.No.1068, Health and Family Welfare Department, dated 28.06.1983. However, the said Government Order confined to Dr.Shanmugam alone. The other Doctors, who were similarly situated like him, were not extended the benefits of the said Government Order.