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Madras High CourtWP/30141/2016withdrawn dismissed

Dr.A.Lakshmanaswamy v. The Secretary To Government

2022-07-04Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Lakshmanaswamy ... Petitioner -vs1. The Secretary to Government, Health Department, Secretariat, Chennai.

2. The Director of Medical Education, Kilpauk, Chennai - 600 010.

3. The Dean, Coimbatore Medical College, 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 treat the period from 23.02.2008 to 24.02.2008 as medical leave and the period from 25.02.2008 to 06.05.2008 as duty period and to pay all arrears with interest at the rate of 24% per annum to the Petitioner.

For Petitioner :

Mr. R.Saravanan for M/s. T.Sai Krishnan For Respondents :

Mr. G.Ameedius, Government Advocate 1/4

O R D E R

Heard Mr. R.Saravanan, Learned Counsel appearing for the Petitioner and Mr. G.Ameedius, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner contends that the substance of the grievance of the Petitioner is that in Order No. K.Dis. 9822/E3/2/2009 dated 08.10.2009 passed by the Respondents, the period from 23.09.2007 to 24.02.2008 has been treated as 'earned leave' instead of 'medical leave', but has not been challenged and seeks permission of the court to withdraw this Writ Petition with liberty to file fresh Writ Petition seeking appropriate reliefs. He has also made an endorsement to that effect in the court record. 3.

In fine, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

04.07.2022 skr Index: Yes/No Note: Issue order copy by 18.07.2022.

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To

1. The Secretary to Government, Health Department, Secretariat, Chennai.

2. The Director of Medical Education, Kilpauk, Chennai - 600 010.

3. The Dean, Coimbatore Medical College, Coimbatore.

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P.D. AUDIKESAVALU, J.

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