Veerakajalakshmi v. The Director Of Medical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Veerakajalakshmi ... Petitioner -vs1. The Director of Medical Education (DME) Kilpauk, Chennai.

2. The Dean Coimbatore Medical College and Hospital Coimbatore.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the representation dated 31.01.2023 and to sanction to maternity leave. For Petitioner : Mr. N.U.Pressanna For Respondents : Mrs. R.Anitha, Special Government Pleader

O R D E R

Heard Mr. N.U.Pressanna learned Counsel appearing for the Petitioner and Mrs. R.Anitha, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

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2.

The grievance ventilated by the Petitioner is that she had made a representation dated 31.01.2023 to the Second Respondent to consider her application for maternity leave from 18.01.2023 to 17.01.2024, but as it did not evoke any response, she has filed this Writ Petition. 3.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 31.01.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 3 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

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(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 30.06.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

03.04.2023 kst Index: Yes/No Note: Issue order copy by 05.06.2023 To

1. The Director of Medical Education (DME) Kilpauk, Chennai.

2. The Dean Coimbatore Medical College and Hospital Coimbatore.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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