Nagarajan.S.V v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.V.Nagarajan ... Petitioner Vs.

1.The Director, Health and Rural Welfare Service, Directorate of Health and Rural Welfare Service, Chennai.

2.The Joint Director, Health Service, Virudhunagar.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to treat the period of suspension of the petitioner from 03.09.2001 to 10.02.2003 as duty period for all purposes and confer all other service and monetary benefits for the above said period. For Petitioner : Mr.S.Chellapandian For Respondents : Mr.R.Sureshkumar Additional Government Pleader 1/4

ORDER

The present writ petition has been filed by a Hospital worker who had attained superannuation on 30.06.2003 seeking a mandamus to regularize his period of suspension as duty period.

2. The petitioner was suspended on 03.09.2001 and his suspension was revoked by an order, dated 10.02.2003. The petitioner has attained superannuation on 30.06.2003. However, no orders were passed regularizing the period of suspension as duty period. The petitioner has sent a representation to the 2nd respondent herein on 26.09.2023 seeking to regularize the said period. Since there is no response, the present writ petition has been filed.

3. Considering the above said facts, the 2nd respondent is directed to consider the representation of the writ petitioner, dated 26.09.2023 and pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order. 2/4

4. With the above said observations, this Writ Petition stands disposed of. No costs.

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Director, Health and Rural Welfare Service, Directorate of Health and Rural Welfare Service, Chennai.

2.The Joint Director, Health Service, Virudhunagar.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

15.12.2023 4/4