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Madras High CourtWP/16816/2017dismissed

K.Palani v. The Tamil Nadu Civil

2018-04-20Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16816 of 2017

1. K.Palani

2. E.Munusamy

3. P.Raju

4. B.Srinivasan

5. E. Shankar

6. N. Rajaram

7. V. Ramakrishnan

8. V. Baskar

9. P. Arjunan

10. V. Nagaraj

11. A. Santhanam

12. M. Sugumar

13. M. Anbalazhagan ... Petitioners Vs.

1. The Tamil Nadu Civil Supplies Corporation Represented by its Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kulpauk, Chennai - 600 010.

2. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kulpauk, Chennai - 600 010.

3. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, No.7, Conron Smith Road, Gopalapuram, Chennai - 600 086.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to direct the respondents to consider the representation of the petitioners dated 30.01.2017 and pass orders for re-engagement of the petitioners as packers in accordance with law within a time frame fixed by this Court.

For Petitioners : M/s.M.Ramamoorthy For Respondents : Mr.K.Raghu Raman - - - - -

O R D E R

The relief sought for in the Writ Petition is for a direction to the respondents to consider the representation submitted by the petitioners dated 30.01.2017.

2. The learned counsel appearing on behalf of the writ petitioners states that the writ petitioners have submitted the representation to the respondents on 30.01.2017 to re-engage them in any one suitable available post.

3. The learned counsel appearing on behalf of the respondents states that the writ petitioner had served in the Corporation for about three months from April, 1997, to June, 1997. First of all, the petitioners have not been served even for a period of one year. Thereafter, now after lapse of two decades from the date of relieving, they cannot seek re-engagement.

4. This Court is of the view that the writ petitioners had slept over their right and now, after a lapse of 21 years, they cannot wake up for the purpose of redressing their grievances. The learned counsel appearing for the writ petitioners also admits that the youngest petitioner in this writ petition is aged about 53 years.

5. Therefore, the question of considering the representation for re-engagement does not arise at all. Further, the writ petitioners have not established any legal right, so as to issue any direction to consider the representation in the present writ petition, and without establishing any such legal rights, the relief as such sought for cannot be granted. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR asi

To

1. The Managing Director, Tamil Nadu Civil Supplies Corporation Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kulpauk, Chennai - 600 010.

2. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kulpauk, Chennai - 600 010.

3. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, No.7, Conron Smith Road, Gopalapuram, Chennai - 600 086.

+1 cc to Mr.K.Raghuraman, Advocate SR.NO. 29724 +1 cc to Mr.M.Ramamoorthi, Advocate SR.NO. 30240 W.P.No.16816 of 2017 MR(CO) JK 11/05/18