Karuppiah .M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/07/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Karuppiah .M ... Petitioner Vs

1. The Managing Director, Tamilnadu State Transport Corporation (Kum) Limited,Tnstc Head Office, No.27, Railway Station New Road, Kumbakonam - 612001..

2. The General Manager, Tamilnadu State Transport Corporation (Kum) Limited, Pudukkottai Region, Pillai Thaneer Panthal, Madurai Main Road,Pudukkottai.

... Respondents PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to disburse the petitioners monthly salary for the period from 01/02/2024 to 15/02/2024 for which his Medical Leave was approved by the management, by considering the petitioners representation dated 05.04.2024.

For Petitioner : Mr.P.Vijaynivas, For Respondent : Mr.K.Jagadeesbalan 1/4

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.The petitioner has filed this writ petition for a mandamus directing the respondents to disburse the petitioner's monthly salary for the period from 01/02/2024 to 15/02/2024 for which his Medical Leave was approved by the management, by considering the petitioners representation dated 05.04.2024.

4. The petitioner had applied medical leave for the period between 01.02.2024 and 15.02.2024 and the same has been granted by the Deputy Manager. However, in the attendance register of the petitioner, the period for which, he was on medical leave, has not been accounted for, instead, it has been marked as 'absent'. Though the petitioner has been affected 2/4

because of marking absence, during the period when he was on medical leave, salary was also not paid to him. Hence, the petitioner has preferred a representation on 05.04.2024. Since the same has not been considered so far, he is before this Court.

5. It appears that the person, who is in charge of the attendance register, did not update the register by making due endorsement about the sanction of medical leave to the petitioner by the deputy manager. In this regard, a memo has also been issued by the person concerned calling for explanation. When the fact of sanction of medical leave has not been denied by the respondents, there cannot be any difficulty in allowing the petitioner to draw the salary for the said period.

6. In view of the above, the writ petition is allowed and the respondents are directed to consider the representation of the petitioner dated 05.04.2024 for marking the attendance and also for grant of salary. No costs.

04.07.2024 RR 3/4

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.14688 of 2024 Date : 04/07/2024 4/4