Madras High CourtWP/15861/2019disposed of

N.Mohanam v. The Commissioner Of

2019-06-17Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.06.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.15861 of 2019 and W.M.P.No.15680 of 2019 N.Mohanam ..Petitioner Vs

1. The Commissioner of Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Chennai - 600 034

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Vellore 9 ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 19.03.2019 expeditiously and consequently issue the appointment order, appointing the petitioner as Watchman in the Respondents Department.

For Petitioner :

M/s.K.V.Subramanian Associates For Respondents:

Mr.M.Maharaj Special Government Pleader

O R D E R

According to the petitioner, he has passed 9th standard and his name was sponsored by the Employment Exchange for appointment to the post of Watchman in Hindu Religious and Charitable Endowments Department. On 01.09.2014, he was called for an interview. Along with him, one Mr.Balasundaram was also called for the interview and he was appointed as Watchman.

Further, it is stated that, though he was selected, he was not given appointment order, therefore, he has submitted number of representations on 19.10.2017, 13.12.2017, 21.02.2018 and 25.05.2018. Thereafter, a legal notice was also issued to the respondents. But, none of the representations or legal notice has evoked response from the respondents.

2. In the meantime, the petitioner obtained certain information under Right to Information Act, wherein, Public Information Officer sent a reply to the petitioner on 19.02.2019 stating that there is a vacancy in respect to the post of Watchman. Therefore, the petitioner submitted one more representation dated 19.03.2019 and since there is no response for the same, the present Writ Petition has been filed.

3. When the Writ petition is taken up for hearing, the learned Counsel appearing for the respondents-Department would submit that the 2nd respondent may be directed to dispose of the representation of the petitioner, within a time stipulated by this Court.

4. In view of the submissions of the learned Counsel and also the limited prayer being sought for by the Writ Petitioner, the Writ Petition is disposed of with a direction to the 2nd respondent as under:

"The 2nd respondent/Competent Authority is directed to pass appropriate orders on the representation submitted by the petitioner on 19.03.2019, on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this Order".

5. With the above direction, the Writ Petition is disposed of. Consequently, connected WMP is closed. No costs. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar vrn/sni To

1. The Commissioner of Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai Chennai - 600 034.

2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Vellore 9 +1cc to Mr.K.V.Subramanian, Advocate, S.R.No.49071 +1cc to the Government Pleader, S.R.No.49721 W.P.No.15861 of 2019 and W.M.P.No.15680 of 2019 LN(CO) RRS(18/07/2019)