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2022 DIGILAW 3313 (MAD)

V. Bhuvarahamurthy v. State of Tamil Nadu, Rep. By its Principal Secretary, Department of Higher Education, Chennai

2022-09-14

R.SURESH KUMAR

body2022
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records, pertaining to the official communication dated 27.06.2022, passed by the 2nd respondent in official communication No.D4(A)/TE/2022/B57, and quash the same insofar as the petitioner is concerned and direct the 2nd respondent to permit the petitioner to function as the H.O.D., Department of Medical Bio-Chemistry, University of Madras, Taramani, Chennai – 600 013.) 1. The prayer sought for herein is for a writ of certiorarified mandamus calling for the records, pertaining to the official communication dated 27.06.2022, passed by the 2nd respondent in official communication No.D4(A)/TE/2022/B57 and quash the same, insofar as the petitioner is concerned and direct the 2nd respondent to permit the petitioner to function as the H.O.D., Department of Medical Bio-Chemistry, University of Madras, Taramani, Chennai – 600 013. 2. The petitioner was working as Professor in the Department of Medical Bio-Chemistry, University of Madras, Taramani Campus, Chennai – 600 113 and in that capacity he had also been working as Head of the Department of that Department and during the month of May 2022 he wanted to go abroad to meet family members of the petitioner and to return back during the 3rd week of June i.e. 20.06.2022 for which permission sought for by the petitioner which was given by the University. 3. For the said period of nearly about one month since the petitioner was out of country, there must be an in-charge as HOD in the said Department for which the 3rd respondent has been placed as in-charge. 4. Though the leave availed by the petitioner came to an end on 20.06.2022 due to his health condition he could not return immediately, therefore he returned to India after one week and joined service on 28.06.2022. However, after joining service also the petitioner has not been placed as Head of the Department of the department concerned and the incharge of the department i.e. the 3rd respondent still continues because of the proceedings issued by the University dated 27.06.2022 whereby the 3rd respondent has been placed in-charge with effect from 23.05.2022 until further orders. 5. However, after joining service also the petitioner has not been placed as Head of the Department of the department concerned and the incharge of the department i.e. the 3rd respondent still continues because of the proceedings issued by the University dated 27.06.2022 whereby the 3rd respondent has been placed in-charge with effect from 23.05.2022 until further orders. 5. After returning to India and joined service the petitioner had given two representations i.e. on 19.07.2022 and 18.08.2022 to consider his request and to place him as Head of the Department concerned, however the same since has not been considered, he has filed this writ petition. 6. Heard Mr.W.M.Abdul Majeed, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the 1st respondent and Mr.A.S.Vijayaraghavan, learned Standing Counsel for the 2nd respondent University. 7. The learned Standing Counsel for the University submits that since the petitioner availed leave only upto 20.06.2022 with regard to over staying of one week as he returned only on 28.06.2022 there was no sanctioning of leave, but anyhow now two representations since have been given by the petitioner, that would be considered by the University and accordingly orders suitably on merits would be passed by the University within a time frame that may be stipulated by this Court. 8. Having regard to the said stand taken by the learned Standing Counsel appearing for the respondents and with regard to the aforestated facts of the case, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the respondent University to consider the representations submitted by the petitioner dated 19.07.2022 and 18.08.2022 and pass orders thereon on the plea of the petitioner on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 9. With this direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.