The High Court ordered the payment of compensation for the period of compulsory wait to the petitioner, directing authorities to calculate and release dues within three months.
Petitioner to be paid for the period of compulsory wait; authorities to calculate and release dues within three months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.20708 of 2021
S.Umamaheswari .. Petitioner
Vs
1.The High Court of Judicature at Madras,
rep. by its Registrar General,
Chennai – 600 104.
2.The Government of Tamil Nadu, rep. by Principal Secretary, Home (Courts-I) Department, Secretariat, Fort St. George, Chennai – 09.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to release petitioner's pay for the compulsory wait period and other accrued benefits till the date of her discharge i.e., 17.08.2015.
For the Petitioner : Mr.M.Habeeb Rahman
For the Respondents : Mr.B.Vijay for respondent No.1
: Mr.P.Muthukumar State Government Pleader for respondent No.2
ORDER
(Order of the Court was made by Hon'ble Chief Justice)
The grievance of the petitioner is that the period that the petitioner was kept in compulsory wait before she was discharged has to be treated as period of duty and the petitioner must be compensated therefor.
accepted the position and G.O.(D) No.1178 of October 13, 2021 recognises the petitioner's entitlement for being paid during the period of compulsory wait and such period being regarded as duty.
authorities should now work out the exact amount due to the petitioner during the period the petitioner was under compulsory wait for the money to be made over to the petitioner within three months from date.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
bbr
To
1.The Registrar General,
Government of Tamil Nadu,
Home (Courts-I) Department, Secretariat, Fort St. George, Chennai – 09.
WP No.20708 of 2021
PVS(CO)
GN(01/11/2021)
2 issues framed by the court
Whether a period of compulsory wait prior to discharge should be treated as period of duty for payment of compensation.
Whether the petitioner is entitled to pay for the period of compulsory wait.
S.Umamaheswari
High Court of Judicature at Madras
Government of Tamil Nadu
Sanjib Banerjee
P.D. Audikeshavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
