Madras High CourtWP(MD)/13155/2019disposed of

B.Srinivasarao, v. The General Manager,

2019-06-12Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2019

CORAM:

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13155 of 2019 and W.M.P.(MD).No.9798 of 2019 B.Srinivasarao .. Petitioner Vs.

The General Manager, The Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli.

.. Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to repay the petitioner's 5 days salary which his illegally deducting from his salary account without considering his medical leave applications.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.K.Sathiya Sing, Standing counsel

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the respondent to repay the petitioner's 5 days salary which his illegally deducting from his salary account without considering his medical leave applications. 2.The learned Standing counsel appearing for the respondent would submit that the petitioner has not made any representation before the concerned authority, by claiming 5 days leave salary which is deducting from his salary account in respect of the medical leave availed by him. Without approaching the concerned authority, the petitioner has approached this Court with this present writ petition under Article 226 of the Constitution of India.

3.The learned counsel for the petitioner also agreed the submission made by the learned standing counsel and undertakes that the petitioner will make a representation to the authority concerned and seek his relief.

https://hcservices.ecourts.gov.in/hcservices/

4.By considering the facts and circumstances of the case, this Court is is not inclined to entertain this petition at the premature stage. However, liberty is granted to the petitioner to make a representation to the first respondent within a period of two weeks from the date of receipt of a copy of this order and if any such representation is made before the first respondent, the first respondent shall consider the same on merits and in accordance with law.

5.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) TM To The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli.

+ 1 CC TO Mr.K.Sathiya Singh, ADVOCATE IN SR No.68815 + 1 CC TO Mr.G.M.Xavier, ADVOCATE IN SR No.68111 W.P(MD)No.13155 of 2019 12.06.2019 KS(24.06.2019) 2 P 4 C https://hcservices.ecourts.gov.in/hcservices/