Madras High CourtWP/17702/2022disposed of

S.Subramanian v. The Chairman And Managing Director

2023-09-13Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.17702 of 2022 & WMP.No.33734 of 2022 S.Subramanian ... Petitioner Vs

1. The Chairman and Managing Director, National Insurance Company Limited, No.3, Middleton Street, Prafulla Chandra Sen Sarani, Kolkatta, West Bengal - 700 071.

2. The General Manager [Personnel], National Insurance Company Limited, No.3, Middleton Street, Prafulla Chandra Sen Sarani, Kolkatta, West Bengal - 700 071.

3. National Insurance Company Limited, Madurai Regional Office, Plot No.3, Vaigai Colony, 80 Feet Road, Anna Nagar, Madurai - 625 020.

4. National Insurance Company Limited, Coimbatore Regional Office, Stock Exchange Buildings, 684, Trichy Road, Coimbatore - 641 005.

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5. National Insurance Company Limited, Thanjavur Division, 1754-56, Manojiappa Street, South Main Street, Thanjavur - 613 009.

6. GIC Employees Co-op Thrift and Credit Society Ltd., X"SC-120, Prince Centre", Door No.709/710, 2nd Floor, Flat No.201, Pathari Road, Office : Anna Salai, Chennai - 600 002.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the first and second respondents to consider the representation of the petitioner dated 05.05.2022 within a short date that may be fixed by this Court. For petitioner : Mr.D.Daniel For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co. - R1 to R5 No appearance - R6

ORDER

This Writ Petition has been filed to to direct the first and second respondents to consider the representation of the petitioner dated 05.05.2022 within the time stipulated by this Court. 2/6

2. The case of the petitioner is that the petitioner was a former employee under the fifth respondent from 1992 to 2018. It is the further case of the petitioner that during the time of his employment, the petitioner was on intermittent leave for a certain period of time and he has exhausted all the leave including medical leave. The grievance of the petitioner is that the respondents, instead of taking action based on the medical certificate, they chose to initiate two set of disciplinary proceedings leading to compulsory retirement of the petitioner during 2018. In this regard, the petitioner has given representation to the first and second respondents on 05.05.2022. However, the same has not been considered till date. Hence, the present Writ Petition.

3. Considering the limited relief sought in this petition, the first and second respondents are directed to consider the representation of the petitioner dated 05.05.2022 pass Order on its own merits within a period of two months from the date of receipt of a copy of this Order. 3/6

4. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.09.2023 Index:Yes/No vrc To,