A.Rayar v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Rayar, Driver, Staff No.12 DR 3627, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Thirupathur Branch, Sivagangai District.

... Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi, Sivagangai District.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi, Sivagangai District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's medical leave application dated 19.11.2019 and to approve the medical leave from 10.11.2019 to 26.11.2019 (17 days) in favour the petitioner within a time limit that may be stipulated by this Court. For Petitioner :

Mr.M.S.Jeyakarthik For Respondents :

Mr.P.Bala Subramanian

O R D E R

This Writ Petition has been filed for a direction to the first respondent to consider the petitioner's medical leave application dated 19.11.2019 and to approve the medical leave from 10.11.2019 to 26.11.2019 (17 days).

2. The case of the petitioner is that the petitioner has been working as a Driver in the respondent Corporation, since 2008. On 06.11.2019, when the petitioner was in duty, due to his ill-health, he was admitted in hospital and took treatment. In this regard, the petitioner submitted a medical leave application on 19.11.2019 to the first respondent

through the second respondent's Office for. But till date, the petitioner's medical leave was not approved by the first respondent. Hence, the present Writ Petition.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to consider the medical leave application of the petitioner, dated 19.11.2019, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's medical leave application, dated 19.11.2019 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

07.12.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi, Sivagangai District.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi, Sivagangai District.

M.DHANDAPANI,J.

vji 07.12.2022