A.Raveendran v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.14001 of 2018 A.Raveendran ... Petitioner Vs.

1. The General Manager, State Express Transport Corporation, (Tamilnadu) Ltd., Dindigul Branch, By-pass Road, Dindigul (Post) Dindigul District.

2. The Branch Manager, State Express Transport Corporation, (Tamilnadu) Ltd., Dindigul Branch, By-pass Road, Dindigul (Post) Dindigul District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to delete petitioner's absence from service register from 26.12.2017 to 20.01.2018 (26 days) and to treat the same as Medical Leave/Earned Leave and to disburse the salary to the petitioner for the above said period of 26 days. For Petitioner : Mr.S.Gokul For Respondents : Mr.K.Sathyasingh

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the first respondent to delete petitioner's absence from service register from 26.12.2017 to 20.01.2018 (26 days) and to treat the same as Medical Leave/Earned Leave and to disburse the salary to the petitioner for the above said period of 26 days.

2.Heard Mr.K.Gokul, learned counsel appearing for the petitioner and Mr.K.Sathyasingh, learned standing counsel appearing for the respondents.

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3.The petitioner was an employee of the respondent Corporation. The petitioner had taken leave between 26.12.2017 to 20.01.2018. However, the same has not been treated as leave and therefore, in order to treat it as leave and register it in the Service Register, the petitioner has given representation on 22.05.2018. Therefore, the learned counsel appearing for the petitioner submits that if the said representation is considered by the respondents, on merits and an order to that effect, within a time frame, is passed, the petitioner would be satisfied.

4.I have heard the learned standing counsel appearing for the respondent, who would submit that the petitioner's representation dated 22.05.2018 would be considered on merits, within a time frame. 5.Considering the limited scope of the prayer sought for herein and the submissions made by both sides, this Court is inclined to pass the following order:

"The respondents are directed to consider the representation of the petitioner dated 22.05.2018 and pass orders thereon, 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.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The General Manager, State Express Transport Corporation, (Tamilnadu) Ltd., Dindigul Branch, By-pass Road, Dindigul (Post), Dindigul District.

2. The Branch Manager, State Express Transport Corporation, (Tamilnadu) Ltd., Dindigul Branch, By-pass Road, Dindigul (Post) Dindigul District.

+ 1 CC TO Mr.K.GOKUL, ADVOCATE IN SR No. 70681 + 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 70962 ARUL TE/SKN/SAR-1 : 27/09/2018 : 2P/5C W.P(MD)No.14001 of 2018 02.07.2018 https://hcservices.ecourts.gov.in/hcservices/