G.Rajendiran v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.1890 of 2020 G. Rajendiran ... Petitioner -Vs1. The Secretary to Government Agriculture / Chairman, Industries Corporation Limited Chief Secretariat, Puducherry 605 001

2. The Managing Director, Industries Corporation Ltd., (PASIC), Agro House, Thattanchavady, Puducherry 605 009

3. The Director of Agriculture, Agriculture Department, Puducherry.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue appropriate Writs, Orders or direction and in particular issue a Writ of Mandamus directing the first respondent to consider the petitioner's representations dated 16.03.2017 and 23.03.2017 respectively and to redeploy the petitioner to the office of the third respondent in equivalent post of Depot Manager.

For Petitioner : Mr. M.Gnanasekar For Respondents : Mr. A.V. Ramalingam Additional Government Pleader (Puducherry) for R1 to R3.

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the first respondent to consider the representations made by the petitioner and redeploy the petitioner to the office of the third respondent in an equivalent post.

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2. The case of the petitioner is that he was appointed in the post of Depot Salesman in the year 1987 and thereafter he was promoted as Depot Manager in the year 1995 and he was posted at the branch office, Karaikal. The grievance of the petitioner is that the salaries are not properly paid. According to the petitioner, from March 2011 to February 2017, no salary was paid for 23 months. Again from October 2016 to February 2017 only 60% of the salary was disbursed. Since the salary is not being properly paid, the petitioner has given representations to the respondents requesting for the disbursement of the entire salary. On the alternative, the petitioner has requested for redeployment of the petitioner to the third respondent department. Since the representations were not considered, the present Writ Petition has been filed before this Court.

3. This Court, on an earlier occasion, had dealt with a similar issue in W.P. No.31936 of 2019 and by an order dated 14.11.2019, direction was given to the respondents to consider the representation and pass orders.

4. Heard Mr. M.Gnanasekar, learned counsel for the petitioner and Mr.A.V. Ramalingam, learned counsel for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for by the petitioner, there shall be a direction to the first respondent to consider the representations made by the petitioner on 16.03.2017 and 23.03.2017 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the representations dated 16.03.2017 and 23.03.2017 and a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(C.S.III) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government Agriculture / Chairman, Industries Corporation Limited Chief Secretariat, Puducherry 605 001 2/3

2. The Managing Director, Industries Corporation Ltd., (PASIC), Agro House, Thattanchavady, Puducherry 605 009

3. The Director of Agriculture, Agriculture Department, Puducherry.

+1 cc to M/s.Gnanasekar,Advocate Sr.No. 6725 +1 cc to The Public Prosecutor(Puducherry), Sr.No.7147 AKM/04.02.2020/3P-6C / W.P.NO.1890 of 2020 3/3