Madras High CourtWP(MD)/23135/2016disposed of

N.Alphy v. The State Transport

2016-12-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.23135 of 2016 N.Alphy ... Petitioner -vs1.The State Transport Corporation, Nagercoil Region, rep.by its General Manager, Ranithottam, Nagercoil, Kanyakumari District.

2.The Managing Director, Tamil Nadu State Transport Corporation, No.23/2, Kattapoman Nagar, Tirunelveli - 627 011.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse the petitioner's three months medical leave salary with interest within the period stipulated by this Court.

For Petitioner : Mr.E.K.John Victor Ellis For Respondents : Mr.K.Sathiyasingh

ORDER

This Writ of Mandamus has been filed, seeking a direction to the respondents to disburse the petitioner's three months medical leave salary with interest within the time frame to be fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3.According to the petitioner, he was appointed as a Driver in the first respondent transport corporation on 15.10.1984. During service, the petitioner suffered from severe headache and due to that he has taken treatment as an in-patient at Government hospital, Kuzhithurai. Subsequently, he has taken treatment from 29.01.2012 to 28.03.2012, for which, the first respondent has issued medical certificate.

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4.The grievance of the petitioner is that the petitioner has taken medical leave for four months and taken treatment from 28.11.2011 to 12.12.2012. But the respondents disbursed salary for one month medical leave and retained three months medical leave salary. Seeking disbursement of three months medical leave salary, the petitioner has given a representation dated 02.06.2016 to the respondents. As the same is not considered, the present writ petition has been filed.

5.The learned Standing Counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner within the time to be fixed by this Court.

6.Accordingly, the respondents are directed to consider the representation of the petitioner dated 02.06.2016 and to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of with the above direction. No costs.

Sd/- Deputy Registrar(Admn.) /True Copy/ Sub Assistant Registrar To +1cc to Mr.K.Sathiya Singh,Advocate Sr.No.78911 +1cc to M/s.E.K.John Victor Ellis, Advocate Sr.No.74913 W.P(MD)No.23135 of 2016 01.12.2016 mj rum/sks-rr/05.01.2017/2p/3c https://hcservices.ecourts.gov.in/hcservices/