Madras High CourtWP(MD)/14005/2015disposed of

M.S.Bala Murugan v. The State Of Tamil Nadu

2019-06-28Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)Nos.14005 & 14006 of 2015 and M.P.Nos. 1 and 2, 1 of 2015 and 2943 & 2944 of 2015 M.S.Balamurugan ...Petitioner in W.P.(MD)No.14005 of 2015 N.Jawahar Raj

...Petitioner in W.P.(MD)No.14006 of 2015

Vs.

1.The State of Tamil Nadu Rep. By its Secretary to Government Department of Higher Education, Chennai.

2.The State of Tamil Nadu, Rep. By its Secretary to Government Department of Personnel & Administrative Reforms Chennai.

3.The Regional Joint Director of Collegiate Education, Trichy Region, Race Course Road, Trichy.

4.The Secretary National College, (A Unit of Academy of Higher Education) Trichy District.

5.The Principal National College, (A Unit of Academy of Higher Education) Trichy District.

... Respondents in both W.Ps.

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders passed by the fourth respondent in his proceedings in RC.Nos.149/2014-2015, 150/2014-2015, dated 11.09.2014 and the consequential orders passed by the 5th respondent in his proceedings in RC Nos.152/2015-2016 & 151/2015-2016 dated 22.07.2015 and quash the same as illegal and consequentially to direct the respondents to treat the leave period from 17.02.2009 to 02.03.2009 as Paternity Leave in terms of rule 8.4.10 of the UGC regulations, 2010 within the period that may be stipulated by this Court.

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

For Petitioners :Mr.Mohammed Imran for M/s.Ajmal Associates For Respondents :Mr.M.Jeyakumar for R1 to R3 Additional Government Pleader Mr.S.Srinivasaraghavan for R4 & R5 COMMON ORDER The relief sought for in both the writ petitions is to quash the orders of rejection in not providing the paternity leave to the writ petitioners.

2. The paternity leave sought for by the writ petitioners is for 14 days from 17.02.2009 to 02.03.2009. On account of the efflux of time, such a relief for grant of paternity leave deserves no merit consideration. Thus, the writ petitioners' are at liberty to approach the competent authority for regulation of the leave period, if any grievance exists, as of now and redress the same in the manner known to law.

3. Accordingly, the writ petitions are disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Secretary to Government, Department of Higher Education, Chennai.

2.The Secretary to Government, Department of Personnel & Administrative Reforms Chennai.

3.The Regional Joint Director of Collegiate Education, Trichy Region, Race Course Road, Trichy.

+1 CC to Mr.S.SRINIVASA RAGHAVAN, Advocate SR-72295. +1 CC to M/s.AJMAL ASSOCIATES, Advocate SR-72368. +1 CC to SPL GP SR-72459.

W.P.(MD)Nos.14005 and 14006 of 2015 28.06.2019 CS: 15/07/2019 2P 7C https://hcservices.ecourts.gov.in/hcservices/