Ramu S.K v. The Chief Commissioner For Persons With Disabilities.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 07.08.2025
CORAM:
THE HON`BLE MR.JUSTICE C.KUMARAPPAN W.P No.14602 of 2025 Ramu S.K ... Petitioner ..Vs.
1.The Chief Commissioner for Persons with Disabilities Sarojini House 6, Bhagwan Dass Road 2.Chennai Petroleum Corporation Ltd Rep. by its Company Secretary Manali, Chennai-600 068.
3.Industrial Cooperative Service Society CPCL Campus, Manali Chennai-600 068.
... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation in accordance with this Court's order dated 01.03.2023 for considering his regularization according to his juniors Mr.D.Prasad regularization dated 23.11.1995 and pay the monetary benefit. For Petitioner : Mr.G.Damodharan for Mr.R.Krishnakumar For R1 : No Appearance For R2 : M/s.S.Ramasubramaniam & 1/6
Associates For R3 : Mr.D.Gopal Standing Counsel
O R D E R
The instant writ petition has been filed, directing the 2nd respondent to consider the petitioner's representation in accordance with this Court's order dated 01.03.2023 and consider his regularization, according to his junior Mr.D.Prasad's regularization dated 23.11.1995 and pay the monetary benefit.
2. The learned counsel for the petitioner would submit that the petitioner has given a representation to the 3rd respondent to regularise him and such representation is pending before the 3rd respondent.
3. At this juncture, the learned counsel for the 1st respondent would submit that the petitioner has filed a similar writ petition to consider his representation by the 1st respondent and in pursuance of the order of this Court, the 1st respondent had already considered the petitioner's representation vide order dated 11.05.2024 and such order has been communicated to the petitioner. Therefore, when the petitioner himself has 2/6
already filed a writ petition to consider his representation by the 1st respondent and having after considered the same, he cannot create a fresh cause of action by sending another representation to the 2nd respondent, which the petitioner cannot do so. As the Chief Commissioner for Persons with Disabilities has already considered the petitioner's representation and passed an order, thereby the 2nd respondent is bound by the same and cannot pass any separate order in contravention to the orders of the 1st respondent. He would further submit that if at all the petitioner has any grievance, the only remedy available to him is, to challenge the order passed by the 1st respondent dated 11.05.2024 and hence, he prays to dismiss this writ petition.
4. I have given my anxious consideration to either side submissions.
5. The short point to be considered herein is, whether a mandamus can be issued as sought for by the petitioner. In the case on hand, the request sought for by the petitioner is to direct the 2nd respondent to consider his representation and to regularise him. Whereas, on similar 3/6
prayer, he has already sent a representation to the 1st respondent and by virtue of an order of this Court in W.P No.15474 of 2013, this Court directed the 1st respondent and the 1st respondent considered the petitioner's representation and passed orders on 11.05.2024 which binds the 2nd respondent. Therefore, this Court is of the firm view that if at all the petitioner has got any grievance, he ought to have challenge the order dated 11.05.2024.
6. In view of the above detailed discussion, the present writ petition is dismissed. No costs. However, the petitioner is given liberty to challenge the final order dated 11.05.2024 passed by the 1st respondent, in accordance with law.
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1.The Chief Commissioner for Persons with Disabilities Sarojini House 6, Bhagwan Dass Road 2.Chennai Petroleum Corporation Ltd Rep. by its Company Secretary Manali, Chennai-600 068.
3.Industrial Cooperative Service Society CPCL Campus, Manali Chennai-600 068.
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