K.Raji v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN K.Raji ... Petitioner -VersusThe Commissioner, Tirupathur Municipality, Government Garden Street, Tirupathur, Vellore District - 635 601.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents herein to consider and pass orders on the petitioner's representation dated 24.01.2024 regarding regularisation of the petitioner's services as Driver from date of his original appointment as done in the case of one Mr.Jayaraman vide proceedings of the respondent in Na Ka.No.2185/2005/H1 dated 15.12.2023 together with all consequential service and monetary benefits, within a time-frame. For Petitioner : Mr.G.Bala and Daisy For Respondent : Mr.C.Selvaraj, Additional Government Pleader

ORDER

The writ petition has been filed in the nature of a mandamus seeking a direction against the respondent to examine the representation given by the

petitioner on 24.01.2024 by which, the petitioner had sought regularisation of his service as driver from the date of his initial appointment. The petitioner placed his reliance on the order passed in the case of one Jayaraman in proceedings in Na.Ka.No.2185/2005/H1 dated 15.12.2023. The petitioner seeks consequential service and monetary benefits to be extended on and from the date of his initial employment.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been appointed along with one N.Jayaraman, T.Kannappan and V.Murali, consequent to additional 10 vehicles being allotted to the respondent on 05.04.2002. The petitioner was appointed as a driver initially for a period of 89 days and thereafter, it had been extended periodically without any break. The petitioner has been discharging his duties without any adverse remarks for the past 23 years. The co-employee N.Jayaraman who had been appointed along with him filed W.P.No.11300/2023 seeking regularisation and a Mandamus had been issued by a learned Single Judge of this court.

3. It is contended by the learned counsel for the petitioner that consequent to such Mandamus, the respondent had passed necessary orders on 15.12.2023 in Na.Ka.No.2185/2005/H1 regularising the services of N.Jayaraman. The petitioner claims to consider his case on parity with the said N.Jayaraman. In this connection, he had given a representation on 24.01.2024.

4. Heard the learned counsel for the respondent.

5. A direction is issued to the respondent / The Commissioner, Tirupathur Municipality, Tirupathur to examine the representation and records of the petitioner and also examine the records of N.Jayaraman and see whether they both should be considered on the same footing and pass appropriate orders taking into consideration the earlier order passed in Na.Ka.No.2185/2005/H1 dated 15.12.2023. The entire exercise must be completed within a period of three weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of. There shall be no order as to costs.

25.03.2025 nl Index : Yes/No Speaking order/Non speaking order To The Commissioner,

Tirupathur Municipality, Government Garden Street, Tirupathur, Vellore District - 635 601.

C.V.KARTHIKEYAN, J.

nl 25.03.2025