S.Arul George Sahaya Santhi v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.19339 of 2024 and W.M.P.(MD).Nos.16401, 16402 & 16403 of 2024 S.Arul George Sahayasanthi ... Petitioner vs
1. The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
2. The Superintendent of Police, Thirunelveli District, Thirunelveli.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 1st respondent in C.No.A1/4349/2023-R.O.O.No. 355/2024 dated 19.07.2024 and quash the same as illegal and unconstitutional in so far as the petitioner alone, consequently direct the respondent to permit the petitioner to continue in service as Inspector of Police, Uvari Police Station, Tirunelveli District.
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For Petitioner : Mr.C.Rathna Vel Pandian For Respondents : Mr.S.Shaji Bino, Special Government Pleader
O R D E R
The instant writ petition has been filed by an Inspector of Police challenging her order of transfer from Uvari Police Station, Tirunelveli District to All Women Police Station, Srivaikundam, Thoothukudi District.
2. On instruction, the learned counsel appearing for the writ petitioner submits that his client is willing to not press the writ petition, but seeks direction to the authorities for disbursement of salary for a period between the date of joining at All Women Police Station, Srivaikundam, Thoothukudi District and 10.09.2024.
3. It is brought to the notice of this Court that after receiving the transfer order, the petitioner had applied for extension of medical leave before the 2nd respondent herein. Since she had already been transferred to a different district, the 2nd respondent did not consider her medical leave application. Instead of that, the 2nd respondent had forwarded the same to the Superintendent of Police, Thoothukudi District for consideration. 2/4
4. It is seen that the petitioner was on medical leave from 06.06.2024 onwards. While the petitioner was on medical leave, the order of transfer had been passed on 19.07.2024.
5. In view of the above said facts, the 2nd respondent is directed to consider the medical leave application submitted by the writ petitioner on 06.06.2024 and thereafter, pass orders on merits. Any extension of medical leave submitted by the petitioner after 19.07.2024 shall be forwarded to the Superintendent of Police, Thoothukudi District. The Superintendent of Police, Thoothukudi District shall consider the same on merits and pass orders in accordance with law, and disburse the salary from 10.09.2024.
6. With the above said observation, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 23.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To
1. The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
2. The Superintendent of Police, Thirunelveli District, Thirunelveli.
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