Allowed

The State of Tamilnadu v. Dr.Md.Niamathulla Hussain

Madras HC10 Jun 2024WA/1759/2021

Case brief

AI extract

What is this about?

The Court set aside the writ order dated 14.08.2019 in WP.No.386 of 2012 and allowed the Writ Appeal No.1759 of 2021 because the respondent filed an affidavit expressing unwillingness to oppose the appeal due to personal reasons, relying on confidential submissions made before the Court.

What did the court decide?

The impugned writ order dated 14.08.2019 in W.P.No.386 of 2012 is set aside; Writ Appeal No.1759 of 2021 is allowed.

The State of Tamilnadu Vs Dr.Md.Niamathulla Hussain — Service and Employment | Madras HC (2024)

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W.A.No.1759 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.06.2024

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CORAM

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THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM

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AND

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THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

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W.A.No.1759 of 2021

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and

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CMP.No.11011 of 2021

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The State of Tamil Nadu Represented by the Secretary to Government Health and Family Welfare Department, Fort St. George, Chennai.

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The Special Commissioner, Department of Indian Medicine and Homeopathy, Chennai-600 106.

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The Principal, Government of Unani Medical College, Chennai-600 106.

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... Appellants Vs.

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Dr.Md.Niamathulla Hussain, Assistant Lecturer, Government Unani Medical College, Chennai.

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... Respondent

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 14.08.2019 made in W.P.No.386 of 2012.

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https://www.mhc.tn.gov.in/judis 1/4

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W.A.No.1759 of 2021

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For Appellants : Mr.E.Sundaram Government Advocate

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For Respondent : No Appearance *****

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J U D G M E N T

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[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J. ]

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The respondent filed a writ petition challenging the proceedings dated 24.08.2006 regulating the period of leave as loss of pay and for a direction to regularize the period from 14.01.2007 till 12.11.2007 as duty period with full

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salary. It is not in dispute that the respondent persuaded Post Graduate course without obtaining prior permission from the Department and completed the same. Thus, the authorities regulated the period of absence as leave on loss of pay. The said decision taken by the appellants has been questioned by the respondent in the writ proceedings. The Writ Court held that the respondent/writ petitioner is entitled for the benefit of salary by regularising the period of study.

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The study period can be regularized if the employee pursued the studies by obtaining prior permission from the Department concerned. In the absence of any such prior permission, the leave in the present case has been treated as leave on loss of pay. Therefore, the said decision cannot be termed https://www.mhc.tn.gov.in/judis 2/4

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W.A.No.1759 of 2021

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as unfounded. However, the respondent filed an affidavit on 13.08.2021, which reads as follows:

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“1. I am the respondent in the above Writ Appeal No:1759 of 2021 preferred by the appellants as against the Writ Petition No: 382 of 2012 preferred by me.

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2. I am well acquainted with the facts of the above WA.No.1759 of 2021.

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3. I express my unwillingness to oppose the above said Writ Appeal No:1759 of 2021 due to my personal reasons.”

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The said affidavit has been filed pursuant to the submissions made

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on behalf of the respondent before this Court on 10.08.2021. For all these reasons, the Writ Order impugned dated 14.08.2019 passed in WP.No.386 of 2012 is set aside and consequently, the Writ Appeal stands allowed. No costs. Consequently, connected CMP is also closed.

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[S.M.S., J.] [C.K., J.] 10.06.2024

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kmi Index : Yes Speaking order : Yes/No Neutral Citation : Yes/No

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S.M.SUBRAMANIAM, J. and

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https://www.mhc.tn.gov.in/judis 3/4

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W.A.No.1759 of 2021

C.KUMARAPPAN, J.

kmi

W.A.No.1759 of 2021

10.06.2024

https://www.mhc.tn.gov.in/judis 4/4

The State of Tamilnadu v. Dr.Md.Niamathulla Hussain

Case brief

What is this about?

What did the court decide?

The State of Tamilnadu v. Dr.Md.Niamathulla Hussain

Case brief

What is this about?

What did the court decide?

What the court decided

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