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Madras High CourtWP/24509/2015disposed of

P.Sanjeevan v. The State Of Tamil Nadu

2015-08-10Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24509 of 2015 P.Sanjeevan ... Petitioner Vs.

1 The State of Tamilnadu Rep. by its Secretary Health and Family Welfare Department Fort St. George Chennai- 9.

2 The Director of Medical and Rural Health Services DMS Compound Teynampet Chennai-6.

3 The Joint Director of Medical and Rural Health Services and Family Welfare Dharmapuri.

4 The District Medical Officer Govt. General Hospital Dharmapuri.

5 The Employment Officer Dharmapuri Dharmapuri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd and 4th respondents to consider the petitioner representation dated on 1.8.2014 and take suitable action for regularizing the petitioner service in the 2nd respondent office.

For Petitioner : Mr.P.Murugan For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims that he worked in the Government General Hospital, Dharmapuri during the year 2007 and from 2008 onwards he is working as Sanitary Worker in Pennakaram Government Hospital and though he has studied upto S.S.L.C. due to poverty, he is unable to continue further studies. He has also registered his name with the Jurisdictional Employment Exchange on 18.03.2004 and he is yet to receive a call letter and in the meanwhile, he has submitted a representation dated 01.08.2014 to the respondents 3 and 4 for regularisation of service and it was rejected on the ground that the recruitment is done only through the Employment Exchange. The petitioner aggrieved by the same has come forward to file this writ petition.

3.Heard the submissions of Mr.P.Murugan, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

4.Though the petitioner prayed for a larger relief, this Court permits the petitioner to submit one more representation to the respondents 3 and 4 to forward necessary proposal for regularisation of his service to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order and the respondents 3 and 4 on receipt of the same is directed to consider the said representation in accordance with law and pass orders thereon, within a period of eight weeks thereafter and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To 1 The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department Fort St. George Chennai- 9.

2 The Director of Medical and Rural Health Services DMS Compound Teynampet Chennai-18.

3 The Joint Director of Medical and Rural Health Services and Family Welfare Dharmapuri.

4 The District Medical Officer Govt. General Hospital Dharmapuri.

5 The Employment Officer Dharmapuri Dharmapuri District.

+ 1 cc to Government Pleader Sr.42024 + 1 cc to M/s. P. Murugan, Advocate Sr.41320 W.P.No.24509 of 2015 PPA(CO) Eu 25.05.15