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Madras High CourtWP/9898/2024disposed of

G.Anbumani v. The Government Of Tamil Nadu

2024-04-29Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY G. Anbumani ... Petitioner -Vs1. The Government of Tamil Nadu Rep.by its Principal Secretary Rural Development & Panchayat Raj Department, Fort St.George, Chennai 600 009.

2. The Director/Commissioner Rural Development & Panchayat Raj Department, Having Office at Panagal Maaligai, Saidapet, Chennai 600 015.

3. The District Collector, Office of the Collectorate, Dharmapuri District.

4. The Commissioner, Pennagaram Panchayat Union, Dharmapuri. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the authorities to consider the claim of the petitioner for regularisation of service by disposing of

the petitioner's representation dated 26.03.2024 in the light of G.O.Ms.No.164 dated 06.12.2023 issued by the 1st respondent in pursuant to the direction issued by the Division Bench of this Court in W.A.No.1458 of 2019 within the time stipulated by this Court.

For Petitioner : Mr.C.T.Mohan Senior Counsel for Mr.R.Rameshraja For Respondents : Mr.P.Ganesan Government Advocate

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus directing the authorities to consider the claims of the petitioner for regularisation of service by disposing of the petitioner's representation dated 26.03.2024 in the light of G.O.Ms.No.164 dated 06.12.2023 issued by the 1st respondent in pursuant to the direction issued by the Division Bench of this Court in W.A.No.1458 of 2019 within the time stipulated by this Court.

2. Even though the writ petition is filed for a direction to the respondents to consider the claim of the petitioner for regularisation of the service, when the matter came up for hearing, the learned Senior Counsel appearing for the petitioner submitted that there is no justification on the part

of the respondents in disengaging the petitioner, therefore he seeks that the petitioner's employment should be continued.

3. The learned Government Advocate who takes notice on behalf of the respondents based on written instruction dated 29.04.2024 in Na.Ka.No.9390/2024/No.4 submitted that the petitioner was initially disengaged because the place of work in which he was originally engaged did not have any work but however the petitioner's service is not dispensed with, he is now placed as Office Assistant in the office of the Chairman of the Pennagaram Panchayat Union, Dharmapuri and he has already been engaged in the same capacity on daily rated basis.

4. Recording the above submissions made by the learned Government Advocate, this writ petition is disposed of. Needless to mention that in respect of any days of work if the petitioner had performed if wage remains unpaid the same shall be paid by the respondents. No costs. 29.04.2024 Index : Yes (3/5) Speaking order:Yes dpq

To

1. The Government of Tamil Nadu Rep.by its Principal Secretary Rural Development & Panchayat Raj Department, Fort St.George, Chennai 600 009.

2. The Director/Commissioner Rural Development & Panchayat Raj Department, Having Office at Panagal Maaligai, Saidapet, Chennai 600 015.

3. The District Collector, Office of the Collectorate, Dharmapuri District.

4. The Commissioner, Pennagaram Panchayat Union, Dharmapuri.

D. BHARATHA CHAKRAVARTHY , J.

dpq (3/5) 29.04.2024