VINOTH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) All the petitioners in these writ petitions are Doctors and they lay challenge to the G.O.Ms.No.86, Health and Family Welfare (MCA-1) Department, dated 06.03.2019 (in short, "G.O.86, dated 06.03.2019") to certain limited extent and seek consequential directions to the respondents. With the consent of the learned counsel on either side, these writ petitions have been taken up for final hearing together and disposed of by means of this common order.

(2.) According to the petitioners, they are all working as Senior Assistant Surgeons/Assistant Surgeons in various Government Hospitals/PHCs located in District Headquarters or Taluk Headquarters, mostly in urban areas, such as Cuddalore, Dharmapurai, Dindigul, Erode, Kanchipuram, Namakkal, Virudhunagar, Madhuranthagam, Tambaram, M.Reddiappatti, Thirumangalam and Melur. The hospitals, where they are serving, have been included in Annexure - V of the impugned Government Order in the category of institutions, which are not eligible for incentive marks as contemplated in Regulation 9(IV) of the Post Graduate Medical Education Regulations, 2000 (in short, 2000 Regulations).

(3.) It is their claim that the Doctors working in a similarly placed hospitals at Ooty, Nagapattinam, Kelambakkam, Oragadam, etc. which are either located near National Highways or well-connected with transport facilities have been extended the benefits of incentive marks, whereas, the petitioners are denied the same benefits. Hence, the Tamil Nadu Government Doctors Association has given a representation to the third respondent/ Selection Committee on 01.01.2019 to redo the demarcation and requested that the doctors attending CEMONC like Comprehensive Emergency Obstetric and Newborn Care 24 X 7 Emergency cesarean section, etc., Trauma and Casualty should also be given the benefit of incentive marks. But their representation was not considered by the respondents. Since they are rendering service almost 24 hours in shifts, the classification done by the respondents and thereby denying incentive marks to them violate their rights. Hence, they pray to quash the impugned G.O.