C.Thangamani v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 2861 of 2022 C.Thangamani ..Petitioner Vs.
1.The Director, Directorate of Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600005.
2.The District Collector, Erode District.
3.The District Adi-Dravidar Welfare Officer, Office of the District Adi-Dravidar Welfare Officer, 5th Floor, Collectorate, Erode District.
4.The Special Tahsildar, Adi-Dravidar Welfare, Erode.
..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to reconstruct of the petitioners service records by considering his representation dated 21.12.2021 within a time limit to be stipulated by this Court.
For Petitioner : M/s.C.Neethimozhi For Respondents : Mr.M.Bindran, AGP
ORDER
The relief sought for in the writ petition is for a direction to the respondents to reconstruct of the petitioner's service records by considering his representation dated 21.12.2021 within a time frame as fixed by this Court.
2. Heard both sides and perused the materials available on record.
3. The learned counsel for the petitioner has submitted that the petitioner was appointed by the 3rd respondent as Cook by proceedings dated 31.05.2001 and he is now working as Cook in the Govt. Adi-Dravidar Welfare Boys Hostel, Erode .
4. According to the learned counsel for the petitioner, the 4th respondent officials had received the petitioner's service records from the 3rd respondent office on 10.04.2018 and taken the same to Chennai, for a case and the 3rd respondent has also acknowledged the same. Thereafter, the 3rd respondent officials had not returned the petitioner's service records to the 4th respondent. The petitioner has made representation dated 21.12.2021 to trace out or reconstruct the service records. The said representation is still pending without any action, hence the present writ petition.
5. The 4th respondent has filed a status report dated 01.04.2022 before this Court. The relevant paragraphs are extracted hereunder;
"3. I respectfully submit that the Service Register of the writ petitioner was submitted to the District Adi Dravidar Welfare Officer, Erode in connection with the Writ Appeal filed before the High Court of Madras in W.A.No.538/2018 case filed for the fixation of seniority in the cadre of cook in the Adi Dravidar and Tribal Welfare Department and the Service Register has not yet been received.
4. I respectfully submit that the Service Register of the Writ Petitioner was scanned and maintained in the digital platform called as 'IFHRMS' maintained by the Treasuries and Accounts Department and the scanned service register will be available for the purpose of sanction of eligible pension on superannuation of the writ petition on 30.04.2022."
6. In view of the above statement made by the 4th respondent in the status report that the petitioner's service register scanned and maintained in the digital platform called 'IFHRMS', the prayer of the petitioner seeking direction to reconstruct his service register does not arise.
7. Recording the Status Report dated 01.04.2022 filed by the 4th respondent, the writ petition stands dismissed. No Costs. However, it is open to the petitioner to seek remedy before the respondents for pension and other benefits.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar ak To 1.The Director, Directorate of Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai-600005.
2.The District Collector, Erode District.
3.The District Adi-Dravidar Welfare Officer, Office of the District Adi-Dravidar Welfare Officer, 5th Floor, Collectorate, Erode District.
4.The Special Tahsildar, Adi-Dravidar Welfare, Erode.
+1 CC to The Government Pleader sr 24913.
+1 CC to Mr.C. Neethimozhi, Advocate sr 24941 W.P.No. 2861 of 2022 PL(CO) SP(22/04/2022)