IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 9.7.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.29576 of 2006 (T) O.A.No.2938 of 1996 Dr.M.A.N.Loganathan .. Petitioner vs. 1. The Director of Public Health and Preventive Medicine DMS Compound Teynampet, Madras-600 006 2. The Deputy Director of Health Services Erode .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to grant study leave to the applicant and relieve the applicant from duty with immediate effect, so as to enable him undergo the P.G. Course called M.S.Ortho, in the state of Karnataka, in Karnataka Medical College, Hubli, or any other appropriate order or direction. For petitioner : Mr.S.Selvathirumurgan For Respondents : Mr.B.K.Girish Neelakantan Additional Government Pleader O R D E R The petitioner has stated that he had successfully completed M.B.B.S. Course in the year, 1994. Thereafter, he was selected to undergo a P.G. Course called D.C.H. through the competitive examination conducted by the Directorate of Medical Education, Madras, for the year 1995-96. The duration of the Course is two years. The petitioner had joined the said course, on 26.6.1995, in https://hcservices.ecourts.gov.in/hcservices/ the Madras Medical College. While undergoing the said P.G. Course, he was selected for appointment to the post of Assistant Surgeon, on merits, by way of a competitive examination conducted by the Tamil Nadu Public Service Commission in the year 1995-96. In such circumstances, the petitioner had requested the first respondent to extend the joining time to enable him to complete the P.G. Course (D.C.H.). However, the respondents had refused to extend the time for joining the post. Therefore, the petitioner had joined the service as an Assistant Surgeon, on 18.1.1996, by an order, dated 2.1.1996. The petitioner was posted as a Medical Officer incharge in the Government Primary Health Centre, Bargur, Periyar District, by an order, dated 18.1.1996, passed by the second respondent. 2. It has also been stated that the petitioner was once again selected to undergo the P.G. Course (M.S.Ortho) in the competitive examination, conducted by the All India Institute of Medical Sciences, New Delhi, which was held prior to the date of his joining the service. Based on his ranking, he was given a seat in Karnataka Medical College, Hubli, to undergo the P.G. Course (M.S.Ortho), which was to commence on the 15th June, 1996. Inspite of the written representations submitted by the petitioner to the first respondent requesting the first respondent to grant the petitioner study leave and to relieve him from the duty, with effect from 13.6.1996, so as to enable him to undergo the P.G. Course in the Karnataka Medical College, Hubli, the respondents had refused the requests made by the petitioner inspite of the Government order in G.O.Ms.No.732, dated 16.3.1973, according to which the petitioner is eligible to pursue the post graduate course. In such circumstances, the petitioner has filed an original application in O.A.No.2938 of 1996, which has been transferred to this Court and renumbered as W.P.No.29576 of 2006. 3. In the reply affidavit filed on behalf of the respondents, the allegations made by the petitioner had been denied. It has been stated that the petitioner was temporarily appointed as an Assistant Surgeon in the Primary Health Centre, Bargur, on 2.1.1996. The petitioner had joined duty, on 18.1.1996. After he had worked for over a period of five months, he was selected for the post graduate course. 4. It has been stated that the Tamil Nadu Administrative Tribunal had passed an interim order directing the respondents to relieve the petitioner from duty, with immediate effect, so as to enable him to complete the post graduate course, subject to the final orders. The interim direction had been issued based on G.O.Ms.No.732, Public (Services), dated 16.3.1973. By the said Government Order G.O.Ms.No.732, Public (Services), dated 16.3.1973, the Government had extended the concession available to the Tamil Nadu Ministerial Service to the candidates selected for appointment to the various posts under the Tamil Nadu State and Subordinate Service. However, https://hcservices.ecourts.gov.in/hcservices/ the said Government order cannot be made applicable to the Assistant Surgeons. 5. At the stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had brought to the notice of this Court the proceedings of the Director of Public Health and Preventive Medicine, in proceedings R.No.30866/E5/A3/04, dated 5.6.2004, whereby the Government had treated the period of absence of similarly placed persons, like, the petitioner as Non-duty period. Further, the learned counsel appearing for the petitioner had prayed that this Court may be pleased to permit the petitioner to make a representation to the Director of Public Health and Preventive Medicine, the first respondent herein, with regard to his request that since the petitioner was pursuing a post graduate course (M.S.Ortho) at the All India Institute of Medical Sciences, New Delhi, the period of his absence may be treated as Non-duty period, as it has been done with regard to similarly placed persons. 6. It has also been submitted by the learned counsel appearing for the petitioner that the petitioner, after completion of his post graduate Course, had been posted to the primary health Centre, Olagadam, Erode District by proceedings R.No.207926/E5/99/A1, dated 22.12.1999. 7. The learned Government Advocate appearing for the respondents has no objection for this Court passing such an order. 8. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted to make a representation to the first respondent with regard to the reliefs sought for by the petitioner, as stated above, within a period of four weeks from today, and on such representation being submitted, the first respondent is directed to pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks thereafter. Accordingly, the writ petition stands disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ lan To: 1. The Director of Public Health and Preventive Medicine DMS Compound Teynampet, Madras-600 006 2. The Deputy Director of Health Service Erode. 1 CC To Mr.S.Selvathirumurgan, Advocate, SR NO.36031 1 CC to the Government Pleader, SR NO.36344,36576 W.P.No.29576 of 2006 (T) O.A.No.2938 of 1996 ksk(co) pmk/16.7.08 https://hcservices.ecourts.gov.in/hcservices/