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Madras High CourtWP/24375/2012dismissed

M.Ranganathan v. The Director Of Fisheries

2023-09-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Ranganathan ... Petitioner -Vs1. The Director of Fisheries, Fisheries Department, DMS Complex, Teynampet, Chennai .

2. The District Collector, Vellore District, Vellore.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider and pass orders on the representation dated 25.06.2012 made by the petitioner with regard to the regularising of the petitioners services in the Fisheries Department taking into consideration the long services of the petitioner within such time as my be fixed by this Honorable Court. For Petitioner : Mr. P.Srinivas For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader.

ORDER

This Writ Petition has been filed for direction directing the first respondent to consider the representation of the petitioner dated 25.06.2012, to regularise his service in the Fisheries Department.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. The petitioner was appointed to the post of Fisherman by the second respondent in the month of July 1985. However, his service was discontinued in the year 1988 itself. After a period of 24 years, the petitioner made a representation to regularize his service as per G.O.Ms. No. 22 dated 28.02.2006.

4. A perusal of the counter filed by the respondents revealed that the petitioner had worked only from the year 1985 to 1988 for a total period of 15 months only. After 1988, the petitioner's service was disengaged by the second respondent. Therefore, his case was not

recommended for any regularisation.

5. In view of the above, it is clear that the petitioner was not eligible for retrospective regularisation of his service in the post of fishery Assistant as per G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 and the relief sought for in this writ petition cannot be granted. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ petition stands dismissed. There shall be no order as to costs. 01.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Director of Fisheries, Fisheries Department, DMS Complex, Teynampet, Chennai .

2. The District Collector, Vellore District, Vellore.

01.09.2023