1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:26.04.2011 Coram: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.468 of 2011 in WP(MD)No.2659 of 2008 Dr. S.M. Thirunavukkarasu, Assistant Surgeon, Theni Medical College, Theni, Theni District. :Appellant -Vs- 1.The Director of Medical and Rural Health Services, Chennai - 600 006. 2.The Joint Director of Medical Rural Health Services and Family Welfare, Theni at Periyakulam, Theni District. :Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 01.10.2010 of the learned Single Judge in W.P. (MD)No.2659 of 2008. Petition filed under article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to (i) proceedings in Na.Ka.No.80520/Ni.Pi.4/3/2005 dated 23.11.2006, and (ii)proceedings Mu.Mu.No.80520/ Ni.Pi.4/3/2005 dated 23.11.2006 passed by the first respondent herein, quash the same and consequently direct the respondents to treat leave from 28.6.05 to 25.11.05 as duty period. For Appellant :Mr.Sulaiman Imran for Mr. M. Ajmal Khan For Respondent:Mr.R.Janakiramulu,Special Government Pleader JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is filed as against the order dated 01.10.2010 of the learned Single Judge in W.P.(MD)No.2659 of 2008. 2.The facts of the case are that by an order dated 16.06.2005 the appellant / petitioner was transferred to Government Hospital at Colachel. However, by a subsequent order dated 23.06.2005 the said transfer order was cancelled and the appellant / petitioner was directed to appear before the first respondent for posting. But, the appellant submitted a leave application with effect from 28.06.2005 upto 25.11.2005. Subsequently, basing on the orders of this Court, the appellant was permitted to join duty. Now, the grievance of the appellant is that he had voluntarily applied for medical leave only for a period of 20 days and subsequently, he was compelled to give https://hcservices.ecourts.gov.in/hcservices/ 2 such medical leave and therefore, he is entitled for the relief sought for. Yet another stand taken by the appellant is that though an interim order was granted by this Court in his favour, directing the respondents to permit him to continue in the same post, that was not complied with. Since the interim order of this Court was not complied with, he is entitled for the relief sought for. 3.However, the learned Single Judge, by relying on the decision reported in K.PANDI AND OTHERS ..VS.. STATE, REP. BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, CHENNAI AND OTHERS (2009 (7) M.L.J. 1191) has rejected the claim of the appellant basing on the interim order granted by this Court. 4.The issue in question is as to whether the period of service of the appellant from 28.06.2005 to 25.11.2005 has to be treated as compulsory wait or not. 5.Admittedly, initially the transfer order was issued and subsequently, the same was cancelled. However, the appellant did not join duty at all. Apart from this, though a stand has been taken that out of force, the appellant had applied for medical leave, it is an admitted fact that the appellant had submitted the application seeking for medical leave. When once the appellant had applied for medical leave, then the question of treating the period as compulsory wait will not arise at all. Apart from this, subsequently, even the writ petition filed by the appellant/petitioner challenging the transfer order was withdrawn by him. Under such circumstances, the relief sought for by the appellant cannot be given, especially when the appellant had applied for medical leave. Consequently, this writ appeal is liable to be dismissed. 6.Accordingly, this writ appeal is dismissed. However, there will be no order as to costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Director of Medical and Rural Health Services, Chennai - 600 006. 2.The Joint Director of Medical Rural Health Services and Family Welfare, Theni at Periyakulam, Theni District. +1CC to Mr.M.Ajmalkhan, Advocate. SR.No.15221. Dpn/- W.A.(MD)No.468 of 2011 RP/14.06.2011/2P/4C. 26.04.2011 https://hcservices.ecourts.gov.in/hcservices/