← Library
Madras High CourtWP/7811/2021disposed of

M.Kumar v. The Managing Director,

2022-02-07Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 7811 of 2021 M.kumar ..Petitioner Vs

1. The Managing Director, Salem II Division, TNSTC, Ramakrishna Road, Salem-5.

2.The General Manager, Salem II Limited, TNSTC, Dharmapuri Region, Barathipuram, Dharmapuri - 636705.

3.The Branch Manager, TNSTC, Salem II Limited, Thirupathur Branch, Dharmapuri Region, Thirupathur District-635601.

..Respondents.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to convert the absent days as casual leave days as per the petitioner's representation within a stipulated time which was filed before him on 09.02.2021 by the petitioner.

For Petitioner : Mrs. Abinaya Prabha For Respondents : Mr.A.Sundaravadhanan, Standing Counsel

O R D E R

The prayer sought for in the present writ petition is to direct the 1st respondent to convert the absent days as casual leave days as per the petitioner's representation, within a stipulated time which was filed before him on 09.02.2021 by the petitioner.

2. The learned counsel for the petitioner has submitted that the petitioner was appointed as driver in the 3rd respondentCorporation on 13.05.2008 and worked in various placed in Krishnagiri and Tirupattur District. In the month of November 2020, the petitioner was absent for 3 and 1⁄2 days. The said leave of was treated as Leave on Loss of Pay by the respondentCorporation, therefore, the salary for those days was deducted . The petitioner has made representation 09.02.2021 to the 1st respondent to convert the said absent days as casual leave. Even though the petitioner has made the said representation within a stipulated time, the same is pending without any orders, hence the present writ petition.

3. Mr.A.Sundaravadanan, learned standing counsel takes notice for the respondents and submitted that the representation dated 09.02.2021will be considered by the respondents and appropriate orders will be passed in accordance with law.

4. In view of the submissions made by the learned counsel appearing for the petitioner as well as the learned standing counsel, this Court, in the interest of justice, is inclined to issue directions to the 1st respondent to consider the petitioner's representation dated 09.02.2021 and pass appropriate orders.

5. Accordingly, the 1st respondent is directed to consider the petitioner's representation dated 09.02.2021 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve

(12) weeks from the date of receipt of a copy of this Order.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ak To

1. The Managing Director, Salem II Division, TNSTC, Ramakrishna Road, Salem-5.

2. The General Manager, Salem II Limited, TNSTC, Dharmapuri Region, Barathipuram, Dharmapuri - 636705.

3. The Branch Manager, TNSTC, Salem II Limited, Thirupathur Branch, Dharmapuri Region, Thirupathur District-635601.

+1cc to Mr.Rajaram, Advocate, S.R.No.7654 W.P.No.7811 of 2021 MT[co] NSK 11/03/2022