Antony Valence, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.08.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.21215 of 2018 Antony Valence
...Petitioner
Vs.
1. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Co-operation Food and Consumer Protection Department Secretariat, Fort St. George, Chennai - 600 009.
2. The Commissioner, Civil Supplies and Consumer Protection Department Chepauk, Chennai - 600 005.
3. The Deputy Commissioner, Civil Supplies and Consumer Protection Department Chepauk, Chennai - 600 005.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to pass orders on the review petition filed by the petitioner dated 05.01.2015, and subsequent representations and to sanction the annual increment to the petitioner in the post of Junior Assistant from 2002-2006 by regularizing the service of the petitioner in the post of Junior Assistant with effect from 07.01.2000 and to make payment of arrears of salary including revision of retirement and pensionary benefits and regular pension on 31.07.2014 on par with other similarly placed persons along with interest for the delayed payment within a time as fixed by this Court.
For Petitioner : Mr.G.Sankaran For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader
O R D E R
Heard Mr.G.Sankaran, the learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, the learned Special Government Pleader, who accepts notice on behalf of the
respondents. On consent of the learned counsel for the parties, the Writ Petition is taken up for disposal.
2. The grievance of the petitioner, in this Writ Petition is that, he has filed a Review Petition challenging the rejection of his representation before the first respondent seeking regularization of service in the post of Junior Assistant with effect from 07.01.2000. Such Review Petition is pending since 05.01.2015, but the first respondent has not addressed the same. Hence, he has filed this Writ Petition seeking a direction for disposal of such review petition within a stipulated period.
3.
The learned counsel appearing for the petitioner submits that since the first respondent is guilty of inaction in disposal of such review petition, a direction as prayed for may be given to dispose of the review petition within a stipulated period without seeking any reply affidavit.
4.
The learned Special Government Pleader for the respondents submits that the first respondent shall have no objection for consideration of such review petition but in accordance with law. However, this Court should not put any fetter on disposal of the review petition in any manner, as this Court has not gone through the merit of such review petition and it be left open to the first respondent to be decided in accordance with law.
5.
Considering the aforesaid facts and the submissions made, this Court disposes of this Writ Petition at the stage of admission, in the absence of reply affidavit with a direction to the first respondent if such review petition is pending, to consider and dispose of the same in accordance with law within a period of six weeks from the date of receipt of a copy of this order, if there is no other legal impediment for such disposal. However, it is made clear that this Court has expressed no opinion on the merit of such review petition in any manner. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To
1. The Principal Secretary to Government, Co-operation Food and Consumer Protection Department Secretariat, Fort St. George, Chennai - 600 009.
2. The Commissioner, Civil Supplies and Consumer Protection Department Chepauk, Chennai - 600 005.
3. The Deputy Commissioner, Civil Supplies and Consumer Protection Department Chepauk, Chennai - 600 005.
+1cc to Mr.G.Sankaran, Advocate Sr.56981 +1cc to Mr.L.P.Shanmugasundaram, Advocate Sr.57151 +1cc to the Government Pleader Sr.57251 Writ Petition No.21215 of 2018 vgi[co] srg 12/09/2018