Madras High CourtWP(MD)/19699/2021disposed of

Ganesan.A v. The Superintendent Engineer

2021-11-01Honourable Mr Justice D. Krishnakumar2 pages

WP(MD) No.19699 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD) No.19699 of 2021 Mr.A.Ganesan ... Petitioner Vs.

1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Tirunelveli Electricity Distribution Circle, Maharaja Nagar, Tirunelveli - 627 011.

2.The Dean, Medical Board, Tirunelveli Medical College and Hospital, Tirunelveli - 627 011.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent No.1 to regularize the leave period between 02.08.2018 to 14.09.2018 as a duty period by considering the petitioner's representation dated 18.12.2020 within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.K.Manikkam, Standing Counsel for State for R2.

Mr.T.Sakthikumaran, Standing Counsel for R1

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the first respondent to regularize the leave period between 02.08.2018 to 14.09.2018 as a duty period, by considering the petitioner's representation dated 18.12.2020.

2. According to the petitioner, he is working as Assistant Engineer in the first respondent Corporation and due to medical illness, he was on medical leave from the period between 02.08.2018 to 14.09.2018. However, the first respondent issued an order of sanctioning the said medical leave period from 04.08.2018 to 14.09.2018 as EOL without pay and allowance without MC. Hence, the petitioner made a representation to the first respondent on 18.12.2020 seeking to regularize the leave period between 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD) No.19699 of 2021 to 14.09.2018 as a duty period. However, till date the first respondent has not passed any order on the representation of the petitioner and the same is still pending. Hence, the petitioner has filed this Writ Petition.

3. The learned Standing Counsel appearing for the first respondent would submit that the representation of the petitioner would be considered in accordance with law.

4. Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 18.12.2020, on its own merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Vsm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Dean, Medical Board, Tirunelveli Medical College and Hospital, Tirunelveli - 627 011.

+1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-33598[F] dated 02/11/2021 ) +1 CC to M/s.SPL.GP ( SR-33512[F] dated 02/11/2021 ) W.P(MD) No.19699 of 2021 01.11.2021 MGJ/JGB(17.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2