Madras High CourtWP/13625/2021disposed of

D.Subramanian v. The Managing Director

2021-07-02Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Writ Petition No.13625 of 2021 1.D.Subramanian S/o.Datchnamoorthy 2.R.Natarajan S/o.Rajagopal 3.K.Raja S/o.Kalimuthu 4.G.Chandrasekaran S/o.Govindasamy 5.R.Ganesan S/o.Ramalingam .. Petitioner

Versus

The Managing Director, The Pondicherry Central Co-operative Processing Supply & Marketing Society Ltd. (PCCPSMS), Puducherry.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to consider the representations dated 12.03.2018 and 02.03.2020 submitted by the petitioners for regularization of their service w.e.f. 19.05.2012, on par with their juniors namely i) Ravi ii) Senthilkumar iii) Balabascarane iv) Sandochecoumar & v) Murugaiyan, with all monetary and nonmonetary benefits including re-fixation of seniority. For Petitioner : Mr.Prakash Adiapadam For Respondents : No appearance O R D E R This writ petition is filed to issue a Writ of Mandamus directing the respondent to consider the representations dated 12.03.2018 and 02.03.2020 submitted by the petitioners for regularization of their service w.e.f. 19.05.2012, on par with their juniors namely i) Ravi ii) Senthilkumar iii) Balabascarane iv) Sandochecoumar & v) Murugaiyan, with all https://hcservices.ecourts.gov.in/hcservices/

monetary and non-monetary benefits including re-fixation of seniority.

2. The petitioners state that they are in continuous and uninterrupted service in the respondent society and their services were regularized with effect from 01.12.2015. The grievance of the petitioners is that the services of five other employees, who are juniors to the petitioners, have been regularized with effect from 19.05.2012. The petitioners have submitted individual representations to the respondent on 12.03.2018 and 02.03.2020 to regularize their services retrospectively with effect from 19.05.2012, the date on which the services of petitioners' juniors were regularized.

3. Learned counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the respondent to consider the petitioners' individual representations and pass orders on merits and in accordance with law within a time stipulated by this Court.

Having regard to the limited scope of the prayer that is now sought by the petitioners' counsel, without expressing any opinion on the merits of the representations of the petitioners, this Court disposes of this Writ Petition with a direction to the respondent to consider the petitioners' individual representations dated 12.03.2018 and 02.03.2020 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar gm To The Managing Director, The Pondicherry Central Co-operative Processing Supply & Marketing Society Ltd. (PCCPSMS), Puducherry.

Writ Petition No.13625 of 2021 PMK(CO) SB(23/07/2021) https://hcservices.ecourts.gov.in/hcservices/