The issue of sanctioning or rejecting leave, including those availed on medical grounds, is completely within the domain of administrative authorities concerned and, therefore, courts cannot interfere in such matters, the Madras High Court Bench here has said.
Justice S. Vaidyanthan made the observation while dismissing a writ petition filed by a Tamil Nadu State Transport Corporation (TNSTC) Checking Inspector whose application for extension of medical leave was rejected despite having sufficient number of leave days to his credit.
“I am of the opinion that this court cannot sit over the decision of an administrative authority in matters relating to approval of leave or rejection of leave. It is for the management to arrive at a decision in this regard taking into account the administrative contingencies,” the judge said.
He went on to state: “The decision being within the domain of the respondents, the court would not ordinarily substitute its own opinion. It is incumbent on the petitioner to convince the authority concerned while applying leave on health ground or at the time of joining duty.”
Further, holding that the petitioner was not entitled to file a writ petition challenging the refusal of his superior to sanction medical leave, the judge said that the Checking Inspector could either attempt to convince the officer once again or raise an industrial dispute through the employee’s union.
In his affidavit, the petitioner, serving at the Sattur branch of TNSTC in Virudhunagar district, had said that he initially applied for 15 days of medical leave on August 4 last year along with a medical certificate issued by the Chief Civil Surgeon in the Srivilliputtur Municipality.
Subsequently, on August 19, he forwarded one more application seeking extension of leave. However, the Branch Manager rejected both applications and directed him to meet the General Manager of the region for not reporting to duty from August 4 to September 9 and hence the present writ petition.
Justice S. Vaidyanthan made the observation while dismissing a writ petition filed by a Tamil Nadu State Transport Corporation (TNSTC) Checking Inspector whose application for extension of medical leave was rejected despite having sufficient number of leave days to his credit.
“I am of the opinion that this court cannot sit over the decision of an administrative authority in matters relating to approval of leave or rejection of leave. It is for the management to arrive at a decision in this regard taking into account the administrative contingencies,” the judge said.
He went on to state: “The decision being within the domain of the respondents, the court would not ordinarily substitute its own opinion. It is incumbent on the petitioner to convince the authority concerned while applying leave on health ground or at the time of joining duty.”
Further, holding that the petitioner was not entitled to file a writ petition challenging the refusal of his superior to sanction medical leave, the judge said that the Checking Inspector could either attempt to convince the officer once again or raise an industrial dispute through the employee’s union.
In his affidavit, the petitioner, serving at the Sattur branch of TNSTC in Virudhunagar district, had said that he initially applied for 15 days of medical leave on August 4 last year along with a medical certificate issued by the Chief Civil Surgeon in the Srivilliputtur Municipality.
Subsequently, on August 19, he forwarded one more application seeking extension of leave. However, the Branch Manager rejected both applications and directed him to meet the General Manager of the region for not reporting to duty from August 4 to September 9 and hence the present writ petition.
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