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2023 Supreme(Mad) 2134

G. R. SWAMINATHAN
R. Pallavan – Appellant
Versus
Chief Educational Officer, Chief Educational Office, Sivagangai – Respondent


Advocates appeared:
For the Petitioner:R. Rajamohan, Advocate. For the Respondents: N. Satheesh Kumar, Additional Government Pleader.

JUDGMENT

(Prayer: Writ petition is filed under 226 of the Article Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 18.03.2021 in Na.Ka.No.2652/A1/2019 and to quash the same, inconsequentially directing the respondents to permit the petitioner to rejoin duty by granting extraordinary leave on loss of pay for the period from 02.06.2016 to 24.04.2019 based on the Medical Board Report dated 20.01.2020 in terms of Rule 15 to 23 and 85 of the Fundamental Rules and consequently direct the respondents to pay Regular Time Scale of Pay by extending the benefit of G.O.Ms.No.50 Education Department dated 08.03.2019.)

1. Heard the learned counsel on either side.

2. The petitioner was appointed as Sweeper in the third respondent school vide order dated 23.11.2012 passed by the second respondent. He was in the special time scale of pay of Rs.1,300 – 3,000 with Grade Pay of Rs.300/-. His appointment was made in terms of G.O.Ms.No.47 School Education Department dated 02.03.2012. The petitioner was working without giving room for complaint till 02.06.2016. Thereafter he remained unauthorisedly absent. The petitioner''s case is that h

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