C.Rengaiyan, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 20.08.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.12623 of 2013 and M.P.No.1 of 2013 C.Rangaiyan ... Petitioner - Vs - 1.State of Tamil Nadu rep. By Secretary to Government, Municipal Administration & Water Supply Dept., Fort.St.George, Chennai 600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai 600 108.

3.The District collector, Thiruvallur District, Thiruvallur 602 001.

.... Respondents Writ petitions filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, directing the respondents regularise the service of the petitioner in the post of Junior Assistant/Bill Collector, from the date of appointment on 2.6.2001 as per the Government orders issued in G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 with all consequential and attendant benefits including seniority benefits within the time frame.

For Petitioner : M/S.G.Sankaran For Respondents: Mr.A.N.Thambidurai, Spl.G.P for RR1 to 3

ORDER

The Writ Petition has been filed by the petitioner, to regularise the service of the petitioner in the post of Junior Assistant/Bill Collector, from the date of appointment on 2.6.2001 as per the Government orders issued in G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 with all consequential and attendant benefits including seniority benefits within the time frame. 2.The case of the petitioner is that the petitioner was employed in the Meenjur Town Panchayat, Thiruvallur district, on daily wages for several years and subsequently brought into regular service in implementation of G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999. The grievance of the petitioner is that he was appointed as Office Assistant on 2.6.2001 on regular basis.

However, as per his qualification, the petitioner is entitled to hold the post of Junior Assistant /Bill collector, however he was appointed in the post of Office Assistant. Aggrieved by the said appointment, the petitioner made several representations to the respondents to appoint him as Junior Assistant /Bill collector, as per G.O.Ms.No.150, dated 19.8.2020, however the same was not considered by the respondent till date, hence the present writ petition.

3.Though very many grounds have been raised in the writ petition, however, when the matter is taken up, learned counsel appearing for the petitioner submitted that it would suffice if this Court directs the respondents to consider the petitioner's representation and pass orders within a particular time frame as fixed by this Court in the light of the above said Government Order.

4. On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents, who has no serious objection for consideration of the petitioner's representation in accordance with law.

5. In view of the fair stand taken by the learned counsel appearing for the parties, this Court directs the respondents to consider the petitioner's representation dated 22.01.2013 and pass orders in accordance with law within a period of 3 moths from the date of receipt of copy of this order.

6. With the above direction, this petition is disposed off. Consequently connected miscellaneous petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.Secretary to Government, Municipal Administration & Water Supply Dept., Fort.St.George, Chennai 600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai 600 108.

3.The District collector, Thiruvallur District, Thiruvallur 602 001.

+1cc to the Government pleader Sr.27496 W.P. NO.12623 OF 2013 ln[co] srg 05/11/2020