M.Sivappa, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.33949 of 2013 M.Sivappa ... Petitioner Vs.

1.The Collector, Krishnagiri District, Krishnagiri.

2.The Personal Assistant (Development) to the Collector, Krishnagiri District, Krishnagiri.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass orders on the proposal sent by the second respondent in Ne.Mu.Ka.Na.No.10722/2004/M3 dated 14.12.2006 with regard to regularization of the Petitioner's services and grant him all consequential benefits.

For Petitioner : Mr.J.Lakshmi Narayanan for M/s.P.Rajendran For Respondents: Mr.S.Thangavel Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to consider and pass orders on the proposal sent by the second respondent in Ne.Mu.Ka.Na. No.10722/2004/M3 dated 14.12.2006 with regard to regularization of the petitioner's services and to grant him all consequential benefits.

2.The case of the petitioner is that the petitioner was appointed as Masalchi at the Panchayat Union, Veppanapalli, Krishnagiri District, on 01.03.1991 under the contingent establishment. Even after putting in 22 years of service, his service was not brought into regular establishment. On the basis of his repeated representations requesting for regularisation of service, the second respondent sent proposal to the first respondent on 14.12.2006 for regularisation of the petitioner's service. Even thereafter, the petitioner's services were not regularized. Hence this writ petition.

3.The learned counsel appearing for the petitioner would submit that though the second respondent has sent proposal dated 14.12.2006 to the first respondent for regularisation of the petitioner's service, the first respondent has not yet passed any order. Hence, it would suffice, if this Court issues direction to the first respondent to pass appropriate orders for regularisation of the petitioner's services, based on the proposal submitted by the second respondent dated 14.12.2006, within a reasonable time frame.

4.This Court also heard the submissions made by the learned Special Government Pleader appearing for the respondents.

5.Considering the submissions made by the learned counsel appearing for the petitioner, this Court directs the first respondent to pass appropriate orders in accordance with law for regularisation of the petitioner's services, based on the proposal submitted by the second respondent dated 14.12.2006, within a period of three months from the date of receipt of a copy of this order, if the same has not yet been passed.

6.The writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To 1.The Collector, Krishnagiri District, Krishnagiri.

2.The Personal Assistant (Development) to the Collector, Krishnagiri District, Krishnagiri.

+1cc to the Government Pleader, S.R.No.25293 W.P.No.33949 of 2013 KS(CO) CB(07/08/2020)