Disposed¶28

R.Kumar v. The Principal Secretary to Government

Madras HC17 Jul 2026WP/27607/2026

Case brief

AI extract

What is this about?

Earned Leave; Restricted Holiday; Leave on Loss of Pay; Punch Operator; Department of Treasuries and Accounts; Rule 10(a)(i) Tamil Nadu State and Subordinate Service Rules; Article 226 mandamus; consideration of pending representation within six weeks; W.P. No. 13787 of 2009; W.P. No. 26519 of 2014; Writ Appeal No. 1949 of 2023; continuance in service until superannuation; merits of leave claim expressly left open.

What did the court decide?

Direction to the respondents to consider the petitioner's representation dated 24.06.2026 and pass appropriate orders on merits and in accordance with law within six weeks of receipt of a copy of the order; writ petition disposed of accordingly, no costs. ¶28

R.Kumar Vs The Principal Secretary to Government — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are bound to consider the petitioner's representation dated 24.06.2026 seeking sanction of eligible Earned Leave (EL) and Restricted Holiday (RH) for his service in the post of Punch Operator.

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Court's answer

Considering the limited relief sought and without expressing any opinion on the merits of the petitioner's claim, the Court directed the respondents to consider the petitioner's representation dated 24.06.2026 and pass appropriate orders on merits and in accordance with law within six weeks of receipt of a copy of the order.

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Ratio / Principle

With the above directions, the writ petition was disposed of; no costs were imposed.

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Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.), WP No. 27607 of 2026, R. Kumar v. Principal Secretary to Government, Finance (C.A) Department and others, disposed of on 17-07-2026. Petitioner, working as Punch Operator (initially on contract at Rs. 4,000/- p.m.; reappointed on 11.10.2010 under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules pursuant to W.P. No. 13787 of 2009), whose regularization challenge (W.P. No. 26519 of 2014, dismissed 14.07.2023) concluded in Writ Appeal No. 1949 of 2023 (order dated 29.02.2024) with respondents' undertaking of continuance until superannuation, had his Earned Leave for 27.10.2025 to 07.11.2025 denied and converted into Leave on Loss of Pay; his representation dated 24.06.2026 seeking eligible EL and RH went unconsidered. Without expressing any opinion on the merits of the leave claim, the Court directed the respondents to consider the representation and pass appropriate orders on merits and in accordance with law within six weeks. No costs.

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WP No. 27607 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-07-2026

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CORAM

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THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 27607 of 2026

R.Kumar

..Petitioner

The Principal Secretary to Government, Finance (C.A) Department, Secretariat, Chennai-600 009.

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The Director, Department of Treasuries and Accounts, 3rd floor, 571, Anna Salai, Nandanam, Chennai-600 035.

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The Additional Director (Admin), Department of Treasuries and Accounts, 3rd floor, 571, Anna Salai, Nandanam, Chennai-600 035.

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State of Tamilnadu, Rep. by its Secretary to Government, Human Resources Management Department, Secretariat, Chennai-600 009.

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..Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents to consider the petitioner’s representation dated 24.06.2026 for sanction of eligible Earned Leave (EL) and Restricted Holiday (RH) to the petitioner in the post of Punch Operator and pass such further or other orders.

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

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WP No. 27607 of 2026

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For Petitioner:	Ms.N.Kavitha Rameshwar
For Respondents:	Mr.V.Sivalingam
	Government Advocate for R1 to R4

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ORDER

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This writ petition has been filed seeking a direction to the respondents to consider the petitioner’s representation dated 24.06.2026 for the sanction of eligible Earned Leave (EL) and Restricted Holidays (RH) due to the petitioner in the post of Punch Operator.

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The petitioner was initially appointed as a Punch Operator on a contract basis with a consolidated pay of Rs. 4,000/- per month, and following an ouster due to a lack of vacancies, he has filed W.P. No. 13787 of 2009, resulting in a direction to reappoint them under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, which they joined on 11.10.2010. Although the petitioner's subsequent claim for regularization was rejected by the 3rd respondent and their challenge in W.P. No. 26519 of 2014 was dismissed on 14.07.2023, the Division Bench in Writ Appeal No. 1949 of 2023 disposed of the matter on 29.02.2024 based on the respondents' submission that the petitioner would be permitted to continue in service until superannuation. Despite this protected continuity of service, the respondents denied the petitioner’s Earned Leave application for the period from 27.10.2025 to 07.11.2025, converting it into Leave on Loss of Pay. Aggrieved by which, the petitioner submitted a representation dated 24.06.2026 seeking the sanction of

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Page2 of 4

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

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WP No. 27607 of 2026

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eligible Earned Leave (EL) and Restricted Holidays (RH). Since the said representation has not been considered, the present writ petition has been filed.

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Heard the learned counsel appearing on either side.

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Considering the limited relief sought in the writ petition, without expressing any opinion on the merits of the petitioner’s claim, the respondents are directed to consider the petitioner’s representation dated 24.06.2026 and pass 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.

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