A.K.Mathaiyan v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.12.2019
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34617 of 2019 A.K.Mathaiyan
...Petitioner
Vs.
1.The Managing Director, 12, Ramakrishna Road, Salem 636 007.
2.The General Manager, Dharmapuri Division, Barathipuram, Dharmapuri 636 705.
3.The Controller, Tirupattur Branch, Tirupattur 636 601.
4.The Branch Manager, Tirupattur Branch, Tirupattur 636 601.
..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 21.09.2019 by sanctioning the leave for the period 04.03.2019 to 23.03.2019 and grant the salary for the said period within a specified time.
For Petitioner : Mr.S.Balaji For Respondents : Mr.D.Raghu Standing counsel for R1 to R4
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner and sanction leave for the period from 04.03.2019 to 23.03.2019 and grant salary for the said period.
2.
It is seen from records that the petitioner is working as a Conductor in the respondent corporation from the year 1997. The petitioner was suffering with some health related issues and therefore, he was forced to take medical treatment in hospital and therefore, he had to take leave from 04.03.2019 to 23.03.2019 and it was thereafter extended from 24.03.2019 to 06.04.2019. The petitioner had also submitted a leave letter in this regard. On completion of the leave, he joined duty and he was also alloted work by the respondent corporation.
3.
The grievance of the petitioner is that his leave period from 24.03.2019 to 06.04.2019 was duly sanctioned and he was also paid the salary for the said period. However, he was not sanctioned salary for the leave period from 04.03.2019 to 23.03.2019. Therefore, the petitioner made a representation to the respondents in this regard and since the same has not been acted upon, the present writ petition has been filed before this Court.
4.
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
5.
Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for by the petitioner, there shall be a direction to the 1st respondent to consider the representations made by the petitioner on 28.06.2019, 16.08.2019and 21.09.2019 and deal with the same on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to give a copy of all the earlier representations and also copy of this order by making a fresh representation to the 1st respondent.
6.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(Ins.cell) //True copy// Sub Assistant Registrar rka To 1.The Managing Director, 12, Ramakrishna Road, Salem 636 007.
2.The General Manager, Dharmapuri Division, Barathipuram, Dharmapuri 636 705.
3.The Controller, Tirupattur Branch, Tirupattur 636 601.
4.The Branch Manager, Tirupattur Branch, Tirupattur 636 601.
+1cc to Mr.S.Balaji, Advocate SR.No.104226 +1cc to Mr.D.Raghu, Advocate SR.No.104634 W.P.No.34617 of 2019 BP(CO) GMY(11/02/2020)