E.Mark, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN E.Mark ...
PETITIONER Vs.
1. The Commissioner Corporation Of Chennai, Rippon Building, Chennai 600 003.
2. The Zonal Officer/ Assistant Commissioner, Zone - XI, No.123 Arcot Road, Valasaravakkam, Greater Chennai City Corporation, Chennai 600087.
...
RESPONDENT PRAYER : The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to consider and pass orders on the petitioner representation dated 07/01/2022 with regard to allow the petitioner to re- join duty as Sanitary Worker NMR with all consequential service and monetary benefits within a time - frame as deem fit and proper by this Court.
For Petitioner : M/s.G.Bala and Daisy For Respondents : Mr.S.Gopinath Panel Counsel (Chennai Corporation)
ORDER
The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents to pass orders on the representation dated 07.01.2022 and permit the petitioner to rejoin the duty as Sanitary Worker NMR with consequential benefits.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner was appointed as Sanitary Worker on 01.02.2008 by the Executive Officer, Redhills Panchayat. Thereafter, he continued his service as Sanitary Worker under the Administrative Control of the second respondent. The service of the petitioner was not regularized and therefore, he filed W.P.No.1906 of 2020 and an order was passed on 29.01.2020 to consider his case for regularization. But however that was rejected. The petitioner filed W.P.No.4924 of 2021 seeking regularization on completion of three years of service from the original date of appointment. That was allowed by the Court on 27.11.2023. A writ appeal had been filed in W.A.No.473 of 2025. It had been stated that regularization orders will be issued. It had been stated that the petitioner met with a motor accident on 20.07.2020 and injured his right hand. He had to take treatment in his native
place. He gave a representation on 07.01.2022 seeking to rejoin the duty. Since no action was taken, the petitioner moved the Tamil Nadu Scheduled Case and Scheduled Tribe Commission, wherein, by an order dated 13.12.2024, the Commission had directed the petitioner to file a representation. 3.On behalf of the respondents, it is contended that the petitioner had been suspended on and from 20.07.2020 and that therefore, the respondents have to view his case quite seriously. But however, a decision has to be taken on the representation given by the petitioner after taking into consideration the period of service rendered by the petitioner and also the medical records relating to the accident suffered by the petitioner and also the records relating to the proceedings before the Tamil Nadu Scheduled Case and Scheduled Tribe Commission. 4.
After taking into consideration all the aforementioned documents, the respondents may pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Within a period of two weeks from this date, the petitioner may forward the entire records relating to the accident, which he met on 20.07.
respondent along with the copy of the representation dated 07.01.2022. On receipt of the same, the second respondent may forward the same to the first respondent to pass orders within the time stipulated by this Court. 5.The writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions, if any, are also closed. sli 17.04.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To
1. The Commissioner.
Corporation Of Chennai, Rippon Building, Chennai 600 003.
2. The Zonal Officer/ Assistant Commissioner, Zone - XI, No.123 Arcot Road, Valasaravakkam, Greater Chennai City Corporation, Chennai 600087.
C.V. KARTHIKEYAN,J.
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17.04.2025