Nambulakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Nambulakshmi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Revenue Divisional Officer, Thiruchengodu, Namakkal District.

5.The Tahsildar, Madurai North Taluk, Madurai District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to regularize the petitioner's medical leave periods and consequently, directing the Respondents to give an order of the petitioner's completion of proficiency test and pay other pending monetary benefits, by considering the petitioner's representation dated 06.07.2018.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.VR.Shanmuganathan, Special Government Pleader

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 1/3

2.Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents.

3. The present writ petition is filed seeking for a mandamus directing the third respondent to regularize the petitioner's medical leave periods and consequently, directing the Respondents to give an order of the petitioner's completion of proficiency test and pay other pending monetary benefits, by considering the petitioner's representation, dated 06.07.2018.

4. The petitioner was appointed as Village Administrative Officer at Karumapuram Village, Thiruchengodu Taluk, Namakkal District. While she was working in the fourth respondent Office, she has taken Medical Leave on four occasions from 26.06.2012 to 24.08.2012. Subsequently, she was transferred to third respondent Office and thereafter, she took Medical leave for 38 days. She gave representation to the respondents for regularising Medical Leave taken by her. The fifth respondent recommended the request of the petitioner to the third respondent. The third respondent sought for particulars from the fourth respondent with regard to her earlier service. The Tahsildar, Thiruchengodu sent all the particulars to the fifth respondent. The fifth respondent forwarded the same to the third respondent.

5. According to the learned counsel for the petitioner, the petitioner has completed her proficiency test and due to nonregularising the Medical Leave period, the fifth respondent is not issuing the order of completion of proficiency test and not granting monetary benefits. In view of the same, the petitioner has sent representation to the respondents. Till date, the respondents have not taken any action. Hence, the petitioner has filed the present writ petition.

6.Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents contended that the representation of the petitioner will be considered by the third respondent within a time limit fixed by this Court.

7. Heard learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

8. This petition is filed by the petitioner seeking direction to the third respondent to regularise the Medical Leave and issue order of completion of proficiency test and monetary benefits by considering the representation of the petitioner.

9. Considering the materials on record and submission of the learned counsel for the petitioner and the learned Special Government Pleader, this Court directs the third respondent to consider the representation of the petitioner, dated 06.07.2019 and pass orders on merits and in accordance with law, within a period of 2/3

eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai, Madurai District.

4.The Revenue Divisional Officer, Thiruchengodu, Namakkal District.

5.The Tahsildar, Madurai North Taluk, Madurai District.

+1 CC to M/s.T. VEERAKUMAR, Advocate ( SR-85200[F] dated 05/09/2019 ) +1 CC to M/s.SPL GP ( SR-85318[F] dated 05/09/2019 ) 04.09.2019 AM MS/23.09.2019/3P.8C 3/3