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Madras High CourtWP/33308/2022disposed of

S.Duraisamy v. The Chairman And Secretary To The Government

2022-12-12Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S. Duraisamy ...

Petitioner vs.

1. The Chairman & Secretary to the Government Transport Department, Government of Tamilnadu, Fort. St. George, Chennai - 600 009.

2. The Management, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Chennimalai Road, Erode - 63800.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to regularize the petitioner's absence as medical leave 45 days and earn leave for 567 days and pay petitioner the arrears of the salary for the said leave days totaling a 612 days by considering the petitioner's representation dated 14.03.2022.

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For petitioner : Mr.R. Dillikumar For respondents : Mr.D. Ravichander Spl. Govt. Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.D. Ravichander, learned Special Government Pleader accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking to regularise the petitioner's absence i.e., 45 days of Medical Leave and 567 days of Earned Leave, totalling 612 days and pay him the arrears of salary for the said leave period, based on the petitioner's representation, dated 14.03.2022, within a time frame to be fixed by this Court.

4. The petitioner was absent from duty for the above number of days. The petitioner claims that only on account of his medical ailment, he had availed leave of 45 days as Medical Leave and has also taken Earned Leave for 565 days. The petitioner seeks for regularisation of his leave, totaling to 612 days.

5. The petitioner has given a representation on 14.03.2022 to the respondents for the said purpose. Since the representation has not been considered till date, he has filed this writ petition. 2/4

6. Heard Mr.B.Dillikumar, learned counsel for the petitioner and Mr.D. Ravichander, learned Special Government Pleader for the respondents.

7. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

8. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 14.03.2022 seeking to regularise his Medical Leave of 45 days and Earned Leave of 567 days totalling to 612 days and pay him, his arrears of salary for the said leave period, within a period of twelve weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition is disposed of. No costs.

12.12.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 To

1. The Government of Tamil Nadu, Rep. by Principal Secretary to Government Revenue Department, Secretariat, Chennai - 600 009.

2. The Additional Chief Secretary & Commissioner of Revenue Administration Disaster Management and Mitigation Department, Chepauk, Chennai - 600 005.

3. The District Collector, Dharmapuri District.

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