S.Padmanaban v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.40122 of 2015 S.Padmanaban ... Petitioner Vs.

The Secretary, Tamil Nadu Public Service Commission, Brayed Bridge Salai, Chennai - 600 003.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to issue Service Certificate to the petitioner as Section Writer on Daily Wages for the period from 10.02.1992 to 08.04.1997. For Petitioner : M/s.P.Wesley Isaac For Respondent : Mr.Karthick Rajan

O R D E R

The petitioner has filed this writ petition seeking direction to the respondent to issue Service Certificate to him as Section Writer on Daily Wages for the period from 10.02.1992 to 08.04.1997.

2.The case of the petitioner is that he is a retired Deputy Block Development Officer. Initially, he worked as Section Writer on Daily Wages for the period from 10.02.1992 to 08.04.1997. Thereafter, he was appointed as Junior Assistant on 09.04.1997. Hence, 50% of the service rendered by him has to be taken into account for the purpose of pension and terminal benefits. Therefore, he made representation dated 22.09.2015 to the respondent seeking to grant him service certificate and since there was no response, has come forward to file this writ petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner has submitted the memorandum dated 16.02.1993 issued by the Joint Secretary, Tamil Nadu Public Service Commission; the memorandum dated 12.01.1995 issued by the Superintendent, Tamil Nadu Public Service Commission and https://hcservices.ecourts.gov.in/hcservices/

other necessary documents for issuance of service certificate, to the respondent, however, the respondent has not yet issued the service certificate. The learned counsel further submitted that there are no reasons for denial of the petitioner's claim, however, the petitioner's representation is kept pending without any reason.

4.The learned counsel appearing for the respondent submitted that the service period of the petitioner cannot be ascertained clearly from the documents submitted by the petitioner. 5.In view of the above, this Court directs the respondent to consider the documents submitted by the petitioner and pass appropriate orders on his representation dated 22.09.2015, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To The Secretary, Tamil Nadu Public Service Commission, Brayed Bridge Salai, Chennai - 600 003.

+1 cc to Mr.Karthick Rajan, Standing counsel for TNPSC Sr No.18702 +1 cc to Mr.P.Wesley Isaac,Advocate Sr No.18877 W.P.No.40122 of 2015 PMK(CO) RG.21.04.2021(2P/4C) https://hcservices.ecourts.gov.in/hcservices/