Jayaprakash. V v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Jayaprakash ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Division, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bodi Branch, Theni District. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to regularize the period from 21.09.2020 to 20.10.2020 as the petitioner's service period instead of Earned Leave Period in vie of intense lock 1/5

down imposed by the Government, due to Covid-19 pandemic with all attendant benefits by considering his representation, dated 23.06.2022 within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.S.Rama Chandra Pradeep

O R D E R

This writ petition has been filed for a direction to the respondents to regularize the period from 21.09.2020 to 20.10.2020 as the petitioner's service period instead of Earned Leave Period in view of intense lock down imposed by the Government due to Covid-19 pandemic, with all attendant benefits by considering his representation, dated 23.06.2022, within a stipulated period.

2. The case of the petitioner is that he joined in the services of the respondent Corporation as a Driver on 15.07.2009. Subsequently, his services were regularized and thereafter, he was awarded with Selection Grade. The grievance of the petitioner is that during the lock down due to covid-19 pandemic, the public were permitted to travel within their 2/5

respective Districts only and therefore, the employees were not called for duty and all the employees were paid salary during the month of September 2020 and October 2020, but insofar as the petitioner's case is concerned, he was denied of his salary. Subsequently, it was informed that the said period has been treated as leave period and the same has been adjusted from his earned leave account. Being aggrieved by the same, the petitioner has sent a detailed representation to the respondents on 23.06.2022 requesting to regularize the said period as duty period. The same has not been considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner, dated 23.06.2022, on merits and in accordance with law, within a specified period.

4. The learned Standing Counsel appearing for the respondents, has no serious objection for such an order being passed by this Court. 3/5

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation, dated 23.06.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.01.2023 PM NCS:Yes/No Index:Yes/No Internet:Yes/No 4/5

M.DHANDAPANI,J.

pm 02.01.2023 5/5