P.Karuthathurai, v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD).No.22531 of 2018 P.Karuthathurai ... Petitioner -vs1.The Secretary, Transport Department, For St.George, Chennai-600 009.

2.The Transport Commissioner, O/o.The Transport Commissioner, Chepauk, Chennai-5.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent No.2 to regularize the period from 23.06.2017 to 09.02.2018 as the duty period by considering the petitioner's representation dated 15.03.2018 within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondent : Mr.C.Ramar Additional Government Pleader

ORDER

Heard Mr.S.Louis, learned counsel appearing for the petitioner and Mr.C.Ramar, learned Additional Government Pleader appearing for the respondents.

2.The writ petitioner herein, who was serving as an Assistant, was transferred from Tirunelveli to Trichy in the Transport Department. Challenging the said transfer, the petitioner filed a writ petition before this Court and obtained an order of interim stay. However, he was not allowed to join duty at the original place of his work. Later, the transfer order has been set aside by this Court and consequently, the transfer order was revoked. Now, he seeks his absence between 23.06.2017 and 09.02.2018 to be regularized. In this regard, a representation has been made by the petitioner on 15.03.2018 and the same has been received by the Transport Commissioner, who is the second respondent herein, on https://hcservices.ecourts.gov.in/hcservices/

24.03.2018. Since no order has been passed by the second respondent, the present writ petition has been filed.

3.The learned Additional Government Pleader submitted that if any representation received for regularization of his absence period, appropriate orders will be passed by the second respondent within a stipulated time fixed by this Court. 4.In view of the above, this Court directs the second respondent to consider the representation of the petitioner dated 15.03.2018 and pass appropriate orders in accordance with law, if no order passed so far.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-II) Ns To 1.The Secretary to Government of Tamil Nadu, Transport Department, For St.George, Chennai-600 009.

2.The Transport Commissioner, O/o.The Transport Commissioner, Chepauk, Chennai-5.

+1cc to Mr.S.Louis, Advocate in SR No.94621 +1cc to Spl Government Pleader, SR No.94615 W.P.(MD).No.22531 of 2018 NM/SKN/SAR II/22.11.18/2P/5C https://hcservices.ecourts.gov.in/hcservices/