IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.11.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.14307 of 2004 and M.P.No.16923 of 2004 Corporation Labour Union, Registration No.260, represented by its President, N.Beulah John Selvaraj, No.39, Water Tank Road, Electricity Workshop, Park Town,Chennai-600 079. ... Petitioner vs. 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003. 2.The Secretary to Government, Health Department, Government of Tamil Nadu, Chennai. (Second respondent is impleaded as directed by order dated 19.11.2009) ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the Circular dated 29.4.1999 in Su.Thu.Na.Ka.No.C1/143/90 passed by the first respondent and quash the same and direct the first respondent to pay risk allowances to the workers of the C.D. Hospital from May 1999 onwards. For Petitioner : Ms.A.Deepa For Respondents : Mr.T.Mathi for R1 : Mr.V.Manoharan, Government Advocate for R2 https://hcservices.ecourts.gov.in/hcservices/ O R D E R This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, call for the Circular dated 29.4.1999 in Su.Thu.Na.Ka.No.C1/143/90 passed by the first respondent Corporation and quash the same and direct the first respondent Corporation to pay risk allowances to the workers of the Communicable Disease Hospital from May 1999 onwards. 2. Mr.T.Mathi, learned counsel appearing for the first respondent corporation states that the respondent corporation has recommended the petitioner union's representation favourably to the Government for its consideration with regard to the payment of risk allowances and the matter is now pending with the Health Department. 3. In view of the above statement, the Secretary to the Government, Health Department, Government of Tamil Nadu, Chennai is impleaded as second respondent in this writ petition. The Registry is directed to make suitable amendment in this writ petition. Mr.V.Manoharan, the learned Government Advocate takes notice for the second respondent and notice through court is dispensed with in view of the nature of order that is to be passed. 4. The grievance of the petitioner union is that the members of the petitioner union are working as staff in the Communicable Disease Hospital in short C.D. Hospital at Tondiarpet, Chennai. According to the petitioner union, the staff are exposed to highly infectious diseases, like Cholera, Chicken Pox, Mumps, Measles and other virulent disease like H1N1. In view of the highly infectious nature of the diseases, which are treated in the above said hospital, the staff working there are exposed to health risk. In this regard it is submitted that the S.C.(A & F) & Council sanctioned the payment of risk allowances in the year 1977 and the Tamil Nadu Government issued Order dated 20.6.1977 sanctioning payment of risk allowances to the medical officer and the members of the staff working in the Tuberculosis Clinic at Sembium and Pulianthope at the rate of 10% of the basic pay with effect from 20.6.1977. Similar relief was granted to the staff of the C.D. Hospital as well. 5. From the statement in the affidavit, it appears that the Secretary to Council and the Director of C.D. Hospital after due consideration of the claim of the staff, granted risk allowances in anticipation of the Government Order and the petitioner staff were receiving risk allowances at the rate of 10% of the basic scale of pay. The petitioner states that on 29.4.1999 the first respondent corporation issued the impugned Circular directing the Director of https://hcservices.ecourts.gov.in/hcservices/ C.D. Hospital to stop payment of risk allowances. In view of the sudden change in circumstances, the present writ petition has been filed. The petitioner union challenge the Circular dated 29.4.1999 as unreasonable, arbitrary and contrary to earlier Government Orders granting risk allowances. 6. Thiru T.Mathi, learned counsel appearing for the first respondent corporation submits that the members of petitioner union were getting the benefit of risk allowance earlier. The same was stopped as the Government on two occasions rejected the proposal for continuation of the allowance. It is now stated that the first respondent corporation has strongly recommended the case of the petitioner union for grant of risk allowance commensurate with other departments, who are getting such allowance. He also brought to the attention of the court, the recommendation of the One Man's Commission's Report which has recommended the grant of risk allowance to all persons performing similar duties at various hospitals and clinics where patients with communicable diseases are treated. 7. In view of the changed circumstances and the recommendation of the first respondent corporation based on the One Man's Commission's Report, the Government has to decide the issue with regard to pay of risk allowance to the petitioner union keeping in mind the various Government Orders which have been issued earlier granting benefit of risk allowance to similar government staff. The second respondent Government is also directed to take into consideration the peculiar nature of the work done by the members of the petitioner union who are engaged in treating the patients with high risk diseases. The second respondent Government is directed to decide the matter as expeditiously as possible preferably on or before the end of January, 2010. The Writ Petition stands ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003. https://hcservices.ecourts.gov.in/hcservices/ 2.The Secretary to Government, Health Department, Government of Tamil Nadu, Chennai. 1 cc to Mr.N. John Selvaraj, Advocate, SR. 62132 1 cc to Mr.T. Mathi, Advocate, Sr. 62399 W.P.No.14307 of 2004 GG (CO) kk 9/12 https://hcservices.ecourts.gov.in/hcservices/