J.Samuel Prabhakaran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8053 of 2018 J.Samuel Prabhakaran
...Petitioner
Vs 1.The District Collector Coimbatore District.
2.The District Revenue Officer Coimbatore District.
3.The Tahsildar Coimbatore North Taluk Coimbatore District.
... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, directing the respondents, particularly the 1st respondent, to regularize the service of the petitioner as village Assistant/Headmen with effect from 01.06.1998 and give all consequential benefits for the order in O.A.No.4885 of 1996 dated 04.11.2003 by consider the representation dated 25.08.2014 submitted by the petitioners and to pass appropriate orders thereon on merits and in accordance with law within a time to be specified by this Hon'ble Court.
For Petitioner : Mr.P.Ganesan For Respondents: Mr.V.Kadhirvelu Special Government Pleader
O R D E R
The relief sought for in this writ petition is for a direction to direct the respondents to regularize the services of the writ petitioner as Village Assistant/Headmen with effect from 01.06.1998 in pursuant to the orders passed by the Tamil Nadu Administrative Tribunal in O.A.No.4885 of 1996 dated 04.11.2003 to consider the representation dated 25.08.2014 submitted by the petitioner.
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2.The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner was appointed as Village Assistant on 30.11.1992 on temporary basis in the village of Odanthurai, Coimbatore district. Subsequently, he was terminated from service. Thereafter, reinstated in pursuant to the orders passed by this Court in W.P.No.35695 of 2005 dated 03.01.2006. The writ petitioner is serving as Village Assistant for the past more than 11 years after reinstatement. 3.However, the pay as applicable and the regular annual increments are not paid to the writ petitioner. In order to redress the grievances the writ petitioner submitted representations to the first respondent on 25.08.2014 and 27.11.2016, which are yet to be considered.
4.Thus, without going into the merits of the matter the first respondent is directed to consider the representations submitted by the writ petitioner on 25.08.2014 and 27.11.2016 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5.Accordingly, the writ petitioner is directed to enclose the copies of the representations and all other relevant documents along with the orders passed in this writ petition. 6.Accordingly, the writ petition stands disposed of. However, there is no order as to costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar maya To 1.The District Collector, Coimbatore District. 2.The District Revenue Officer, Coimbatore District. 3.The Tahsildar, Coimbatore North Taluk, Coimbatore District. +1cc to Mr.P.GANESAN, Advocate, S.R.No. 25491 W.P.No.8053 of 2018 SJ(CO) TR(19/04/2018) https://hcservices.ecourts.gov.in/hcservices/