Yuvaraj v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Yuvaraj
...Petitioner
Vs 1.State of Tamil Nadu Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai- 600 009.
2.The District Collector, District Collector Office, Erode.
3.The Dean, Government Erode Medical College and Hospital, Perundurai, Erode-638 053
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to consider the representation dated 21.02.2023 and further direct the 3rd respondent to disburse the gratuity and earned leave. Page No:1/6
For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.M.Bindran for R1 and R3 Additional Government Pleader Mr.Stalin Abhimanyu for R2 Additional Government Pleader
ORDER
This writ petition has been filed to direct the 3rd respondent to consider the representation dated 21.02.2023 and further direct the 3rd respondent to disburse the gratuity and earned leave.
2. The case of the petitioner is that the petitioner's wife was worked as a Special Grade Staff Nurse in Government Erode Medical College and Hospital, Perundurai, Erode since 05.04.1995. The petitioner's wife was suffered with breast cancer in the year 2020 and she was admitted as in-patient. Thus, she applied for unearned leave from 01.03.2023 to 12.04.2023 along with medical certificate for 42 days to the 3rd respondent. Later, she succumbed to death on 12.04.2023. Thereafter, the petitioner approached the respondents for gratuity settlement and earned leave settlement from 01.03.2023 to 12.04.2023 to the respondents, but they deliberately dragged to issue the settlement amount to the petitioner. The petitioner had also made a representation Page No:2/6
on 19.08.2024 addressed to the Chief Minister Special, Cell, Secretariat, Chennai, wherein he brought to his notice that an unilateral order has been passed in a hurried manner by the 2nd respondent vide proceedings dated 29.08.2024 stating that the Road Transport Corporation has been handed over to the employees of Perundurai Medical College Hospital due to financial crisis.
(ii). Due to the fact that provision of retirement benefits to the employees by the Director of Road Transport Corporation, Chennai or the Department of Public Welfare, it is informed that they will be provided to them at the Government Medical College Hospital, Erode only after receiving appropriate guidance from the Government regarding their gratuity. In such circumstances, the impugned order issued by the respondent is liable to be set aside. Hence, the present petition has been filed to direct the 3rd respondent to consider the representation dated 21.02.2023 and further direct the 3rd respondent to disburse the gratuity and earned leave.
3. Learned counsel appearing for the respondents would submit that the representation of the petitioner will be considered by the respondents on its own merits and in accordance with law, within the time Page No:3/6
fixed by this Court.
4. In view of the above, this Court without going into the merits of the case, directs the 3rd respondent to forward the petitioner's request/representation dated 21.02.2023 along with the necessary records to the first respondent to enable them to take appropriate decision for passing orders on its own merits and in accordance with law. The said exercise shall be completed within a period of sixteen (16) weeks from the date of receipt of copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs.
19.11.2024 Index:Yes/No Speaking order/Non-speaking order msv To 1.The Secretary to Government, State of Tamil Nadu Health and Family Welfare Department, Secretariat, Chennai- 600 009.
2.The District Collector, Page No:4/6
District Collector Office, Erode.
3.The Dean, Government Erode Medical College and Hospital, Perundurai, Erode-638 053 V.BHAVANI SUBBAROYAN,J.
Page No:5/6
msv 19.11.2024 Page No:6/6