N.Arunagiri v. The General Manager(Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR N.Arunagiri ... Petitioner Vs.

1) The General Manager (Administration), Tamil Nadu Civil Supplies Corporation Limited, Chennai -600 010

2) The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Chennai - 600 010

3) The Regional Manager, Trichy Zone, Tamil Nadu Civil Supplies Corporation Limited, Trichy- 1 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to sanction the medical leave salary for a period of 180 days to the petitioner in the light of his representation, dated 11.08.2020. For Petitioner : Mr.R.Sundar For Respondents : Mr.R.Vijayakumar, Standing counsel

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the 2nd respondent to sanction the medical leave salary for a period of 180 days to the petitioner in the light of his representation, dated 11.08.2020.

2. The petitioner was an employee at the respondent Corporation and while he was working, on 12.03.2019, he met with an accident, with a result, he had to undergo a surgery on his leg, for which, he had to take medical leave for 180 days. Therefore, after recovering from illness, on superannuation, he retired from service. In this regard, it is the grievance of the petitioner that, 180 days of 1/3

Medical leave taken by the petitioner has to be regularised and the petitioner may be paid the medical expenses, for which, he is entitled to, since he spent huge money on surgery and related medical expenses.

3. In this regard, he has given a representation to the respondents on 11.08.2020. Therefore, the learned counsel appearing for the petitioner submits that, if the said representation is directed to be considered on merits and in accordance with law by the respondents, within a time frame to be stipulated by this Court, then the petitioner would be satisfied.

4. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents, who would submit that the said representation of the petitioner dated 11.08.2020 would be considered and decided on merits and in accordance with law within a time frame to be stipulated by this Court.

5. Considering the limited scope of the prayer sought for herein by the writ petitioner and after hearing both the parties, this Court is inclined to dispose of the writ petition with the following order:

"that the respondents, especially the third respondent is hereby directed to consider the representation of the petitioner, dated 11.08.2020 on merits and in accordance with law and pass final orders thereon within a period of eight weeks from the date of receipt of a copy of this order".

6. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS ) sts Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To:

1) The General Manager (Administration), Tamil Nadu Civil Supplies Corporation Limited, Chennai -600 010.

2) The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Chennai - 600 010.

3) The Regional Manager, Trichy Zone, Tamil Nadu Civil Supplies Corporation Limited, Trichy- 1.

+1 CC to M/s.R. VIJAYAKUMAR, Advocate ( SR-16817[F] dated 15/09/2020 Order made in Dated:

15.09.2020 NR (05.10.2020) 3P 5C 3/3