Tuesday 19 May 2015

Sanctioning leave is choice of administrative authorities: Madras HC

MADURAI: The Madurai bench of the Madras high court has ruled that sanctioning or rejecting leave, whether sick or some other leave, was the choice of the administrative authorities, and courts could not interfere in such matters. 

Dismissing a petition filed by an employee of the Tamil Nadu State Transport Corporation (TNSTC), who claimed that he had not been given extension of leave though he had leave in his credit, justice S Vaidyanathan said the court could not sit over the decision of the administrative authority in such matters. It was for the management to decide on such issues based on administrative contingencies, the judge said. 

It was for the petitioner to convince the authority concerned while applying leave on health ground or at the time of joining duty. 


The petitioner was not entitled to file a writ petition challenging medical leave. The petitioner, who is a checking inspector could convince the authorities once again or raise an industrial dispute through the employee's union, the judge said. 

The petitioner said that he initially applied for 15 days of medical leave on August four last year along with a medical certificate issued by the chief civil surgeon of the Srivilliputtur municipality. 

Subsequently, he sought extension of leave. However, the branch manager directed him to meet the general manager for not reporting to duty from August 4 to September 9, following which he moved a petition in the high court.
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