IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2006
CORAM
THE HONOURABLE Mr.JUSTICE M.JAICHANDREN
WRIT PETITION NO.9023 OF 2005 AND
W.P.M.P.No.9764 OF 2005
...
R.Shanmuganathan ... Petitioner
-vs.-
1.Deputy Inspector General of Police,
CRPF,Chennai Range, Avadi,Chennai65
2.Commandant, CRPF, 142 Battalion,
Vari Nag. C/0 56, APU
Jammu and Kashmir
3.Officer Commanding, Headquarters
Company 142,Battalion,
CRPF, C/0 56, APU
Jammu and Kashmir ... Respondents
Writ petition filed under Article 226 of the Constitution of India praying to issue writ of mandamus as stated therein.
For petitioner ...Ms.V.J.Latha
For respondents ...Mr.Kumaresan-CGSC.
ORDER
Heard the learned counsel for the petitioner as well as the learned Central Government Standing Counsel for the respondents. By consent of both the counsels, the main writ petition itself is taken up for final disposal.
2. The petitioner prays for mandamus to direct the third respondent to sanction the leave as per the medical certificate submitted by the petitioner and to disburse the salary from September, 2004 to till date together with bonus for 2004 and further to direct the respondents to pass orders on attachment of duty at Head Quarters, Group Centre, Avadi, RTC-II Avadi, or DIG Office, Avadi, Chennai, so as to enable the petitioner to undergo treatment at Chennai.
3. It is submitted that the petitioner had joined in the Central Reserve Police Force as constable on 4.12.1992 at Avadi, Chennai and later he was posted to various other places. While serving in the 113 Battalion at Tripura, he met with an accident, while climbing in the mountains and suffered an elbow fracture. Since the treatment was not properly given at Tripura, the injury had become complicated. Therefore, he had applied for medical leave and had made several representations to the respondents to disburse the salary from the month of September, 2004 to February, 2005, during which period he was taking medical treatment. Since the representations of the petitioner had not been considered, the present writ petition has been filed.
4. Learned counsel for the petitioner states that it would suffice if the third respondent is directed to dispose of the representation submitted by the petitioner on 9.3.2005 on merits.
5. Considering the above submission of the learned counsel for the petitioner, it is sufficient to direct the third respondent to consider and dispose of the representation of the petitioner dated 9.3.2005 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. Consequently, no order is necessary in W.P.M.P.No.9764 OF 2005 and the same is closed.
tsv.
To
1.Deputy Inspector General of Police,
CRPF,Chennai Range, Avadi,Chennai65
2.Commandant, CRPF, 142 Battalion,
Vari Nag. C/0 56, APU
Jammu and Kashmir
3.Officer Commanding, Headquarters
Company 142,Battalion,
Vari Nag. C/0 56, APU
Jammu and Kashmir