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Madras High CourtWP/1896/2016disposed of

Sivaraj v. The State Of Tamil Nadu

2016-01-21Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1896 of 2016 Sivaraj .. Petitioner .Vs.

1. The State of Tamil Nadu, Rep.by its Secretary, Department of Agriculture, St.George Fort, Chennai-9.

2. The Director of Agriculture, O/o.Directorate of Agriculture, Chepauk, Chennai-05. .. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 28.12.2015 within the time stipulated by this court. For petitioner : Mr.U.Karunakaran For Respondents : Mr.S.Gunasekaran Government Advocate.

O R D E R

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

2. The present writ petition is filed for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 28.12.2015.

3. The petitioner would state that he was appointed as a night watchman on 11.07.1987 in the Government coconut nursery gardent at Srirangam under the control of the second respondent. He is continuously working without any break for the past 27 years. As per G.O.Ms.No.122 dated 11.06.2010, G.O.(3D) No.112 dated 05.06.2013 and G.O.(2D) No.85 dated 15.06.2013, the petitioner is entitled for regularisation of his service on completion of 10 years.

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4. The petitioner would further state that similarly placed persons have already regularised by the respondent, however, the same benefit was not extended to him. Therefore, he sent a representation dated 12.12.2015. Since no order has been passed, the present Writ Petition has been filed.

5. This Court heard the submissions of Mr.J.Stalin, learned counsel appearing for the petitioner and Mr.S.Sairaman, learned counsel, who accepts notice on behalf of the respondents.

6. This Court, considering the limited prayer sought for in the writ petition and without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 28.12.2015 and pass orders on merits and in accordance with law and taking into consideration of the Government Order cited supra, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs.

kkd s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Secretary, State of Tamil Nadu, Department of Agriculture, St.George Fort, Chennai-9.

2. The Director of Agriculture, O/o.Directorate of Agriculture, Chepauk, Chennai-05.

+ 1 cc to Govt.Pleader SR 3751 + 1 cc to Mr.V.Karunakaran, Advocate SR 3263 vsn(co) prk27/2 W.P.No.1896 of 2016 https://hcservices.ecourts.gov.in/hcservices/