C.RANGANATHAN Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.

(2.) The Petitioner was appointed as 'Masalchi' through Employment Exchange in the Court of Judicial Magistrate No.II, Chengalpattu, by the Second Respondent/Principal District Judge, Kancheepuram District @ Chengalpattu, vide his proceedings dated 26.02.2007. He joined the service in the said Court and was working there without any complaint. While that being so, in June, 2007, he suffered from 'Piles Complaint' and took treatment for the same and was absent from duty from 01.06.2007 to 23.07.2007. He was issued with Memos on 02.06.2007 and 17.07.2007 by the Third Respondent/Chief Judicial Magistrate, Kancheepuram @ Chengalpattu, for his 'Unauthorised Absence'. He submitted his explanation in regard to his inability of submitting proper Leave Letter and made a request to treat the period of his absence as 'Leave' without salary and also requested to permit him to join the duty. However, the Second Respondent/Principal District Judge, Kancheepuram District @ Chengalpattu, vide his proceedings dated 30.07.2007, treated the Petitioner's absence period from 01.06.2007 to 23.07.2007 (53 days) as 'Extraordinary Leave on Medical Certificate' and allowed him to join the duty.

(3.) The Learned Counsel for the Petitioner brings it to the notice of this Court that in November, 2007, the Petitioner suffered from the same problem and submitted a Leave Letter for 3 days from 11.11.2007 to 14.11.2007. Again, he sent a Leave Letter through an Office Assistant of the Third Respondent/Chief Judicial Magistrate, Kancheepuram @ Chengalpattu on 15.11.2007 and prayed for further 3 days leave. However, the said Leave Letter was returned to the same Office Assistant. Subsequently, after completion of Leave, he went to join the duty, but he was refused to join the service by the Judicial Magistrate No.II, Chengalpattu.