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K.Kanthavel vs The Executive Engineer

Madras High Court|27 February, 2017

JUDGMENT / ORDER

The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders passed by the respondent bearing Nos.1) br.bgh/tp/gu/epgp.c.2/1418 ehs; 25.07.2009> 2) br.bgh/tp/gu/epgp.c.2nfh.tp/e.vz;. ,y;iy ehs; 02.06.2010> 3) br.bgh/tp/gu/epgp.c.2nfh.tp/e.vz;. ,y;iy ehs; 02.06.2010> 4) br.bgh/tp/gu/epgp.c.2nfh.tp/m.vz;.074/2015 ehs; 19.01.2015 and quash the same and subsequently to pass appropriate orders on the petitioner's application dated 05.08.2015, submitted to the Government regarding sanction of medical leave with medical certificates as medical leave and applied casual leave as casual leave only within a reasonable time fixed by this Court.
2.Mr.K.Kanthavel appeared in person, who makes his submission that though he has filed this writ petition challenging the four orders, which are impugned herein, he would submit that in order to redress his grievance regarding treating of medical leave and casual leave obtained by him as earned leave belatedly, he has given a representation to the Government on 05.08.2015. The said representation having been forwarded by the Secretary to Government through Deputy Secretary to the chief Engineer of the TANGEDCO, who in turn forwarded the same to Superintending Engineer, who in turn forwarded to the respondent herein for appropriate action and to pass orders thereon. Even though the said representation has been forwarded as early as on 07.09.2015, no orders have been passed by the respondent so far. Therefore, the petitioner on 22.03.2016 has sent a communication under Right to Information Act to the respondent to know as to what step has been taken by the respondent on the representation, which was duly forwarded by the Governmental authorities and Chief Engineer and Superintending Engineer of TANGEDCO. Even for the application filed under Right to Information Act, no reply has been received by the petitioner. Therefore, the petitioner submitted that if a direction is given to the respondent to consider and pass orders on his representation after taking into account the claim made by the petitioner regarding treating of his medical leave and casual leave obtained or sanctioned as Earned Leave, the petitioner would be satisfied.
3.Heard Mr.S.Dayalan, the learned Standing Counsel appearing for the respondent on the said submissions.
4.In view of the submissions made by the petitioner and the learned Standing Counsel for the respondent, this Writ Petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 05.08.2015, which was forwarded by the Governmental authorities and Chief Engineer and Superintending Engineer of TANGEDCO, and pass orders on merits and in accordance with law after giving an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs.
To The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Paramakudi ? 623 707, Ramanathapuram District.
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Title

K.Kanthavel vs The Executive Engineer

Court

Madras High Court

JudgmentDate
27 February, 2017