DIRECTOR OF SOCIAL WELFARE CHENNAI Vs. C DHANABAKIAM

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order of the learned Single Judge dated 8.4.2008 passed in W.P. No.8018 of 2006.

(2.) THE Writ Petitioner, who joined in service as Noon Meal Organiser in the year 1979, was promoted as Supervisor Grade II in the Integrated Child Development Scheme, by the Director of Social Welfare after completion of 14 years of service. While she was working as Supervisor Grade II in Sengarai, her mother died during January 2005 and she gave a request to the Child Development Project Officer, Kolli Hills, for grant of leave. It is her further case that even before she could join duty after the demise of her mother, her only daughter also died suddenly on 27.4.2005 and hence, she approached the said Officer for grant of leave again for which she was issued a Memo dated 12.7.2005 followed with another Memo dated 2.11.2005 calling for explanation for her continuous absence. It is stated that despite her explanation and representations dated 03.08.2005 and 16.01.2006 seeking permission to rejoin duty, no order was passed nor she was allowed to join duty. Hence, she filed the Writ Petition for Mandamus directing the Child Development Project Officer, Kolli Hills, Namakkal District to allow her to continue her employment as Supervisor Grade II in Sengarai with all arrears of salary and attendant benefits.

(3.) LEARNED Counsel appearing for the Respondent submitted that when the Respondent requested the Second Appellant for grant of leave due to the death of her mother and her only daughter within short span of time, the Second Appellant without rejecting her Leave Applications, issued a Memo dated 12.7.2005 calling upon her to give explanation followed by another Memo during November 2005 and despite her explanation and reminders, no order was passed on the same. He further submitted that neither the Leave Application of the Respondent was rejected nor any action was initiated against her for her absence.