1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4143 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Angan Rani : Petitioner Vs. 1.The Director, Directorate of Medical Service and Family Welfare, D.M.S.Campus, Teynampet, Chennai-9. 2.The Joint Director of Medical and Rural Health Services, Dindigul District. 3.The Medical Officer, Government Hospital Thandikudi, Kodaikanal Taluk, Dindigul District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to reconstruct the service register book of the petitioner, within a reasonable time to be fixed by this Court and pay the arrears of salary, revise and refix the petitioner's scale of pay, release uniform grant, provide the regular leave surrender salary and medical leave surrender salary and all the other withheld monetary benefits along with interest at a reasonable rate to be fixed by this Court from the date on which it become due. For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.V.Rajasekaran Special Government Pleader ORDER ****** Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents 1 to 3 to reconstruct the service register book of the petitioner, within a reasonable time to be fixed by this Court and pay the arrears of salary, revise and refix the petitioner's scale of pay, release uniform grant, provide the regular leave surrender salary and medical leave surrender salary and all the other withheld monetary benefits along with interest at a reasonable rate to be fixed by this Court from the date on which it become due. 4. The case of the petitioner in nutshell as put forth by her in the affidavit filed in support of the Writ Petition is stated hereunder: (a) The first respondent appointed the petitioner on 13.07.1983 and posted her as a Government Trained Staff Nurse in the Government Hospital, Pannaikadu. (b) After her stints in various places, now she is working as staff nurse in the Government Hospital, Thandikudi. When she applied to the authorities for uniform grant, she was informed by the Record Clerk on 20.07.2009 that her service record register was lost and unless it is traced back, she cannot be given any monetary benefits. (c) Therefore, she has sent a representation to the second respondent on 30.07.2007 through the third respondent praying to take necessary action in that regard and also ensure pay protection and other monetary benefits to her. She was earnestly requesting the respondents to make arrangements to find out her service record book. (d) The second respondent returned the said representation stating that it has to be sent through proper channel. Thereafter, the second respondent, by proceeding dated 22.09.2009, directed the third respondent to take necessary action to trace back her service register book and also to take necessary action against the negligent staff. By another communication dated 02.03.2010, the second respondent has issued a show cause notice to the concerned Junior Assistant, who is in-charge of her service register book. However, in spite of several representations, no action has been taken to reconstruct her service register book or release the monetary benefits, which have been withheld for no fault of her. Hence, the petitioner has approached this Court by filing the present Writ Petition for the reliefs stated earlier. 5. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the first respondent to consider the representation of the petitioner dated 24.01.2011 and pass https://hcservices.ecourts.gov.in/hcservices/ 3 appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 6. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar 1.The Director, Directorate of Medical Service and Family Welfare, D.M.S.Campus, Teynampet, Chennai-9. 2.The Joint Director of Medical and Rural Health Services, Dindigul District. 3.The Medical Officer, Government Hospital Thandikudi, Kodaikanal Taluk, Dindigul District. +One cc to Mr.N.Dilipkumar, Advocate, SR.No.13362 +One Cc to The Special Govt. Pleader, SR.No.13528 SML rl/6c – 25.4.2011 Order made in W.P.(MD)No.4143 of 2011 Dated:- 08.04.2011 https://hcservices.ecourts.gov.in/hcservices/