N.Kandhasamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28705 of 2015 and M.P.No.1 of 2015 N.Kandhasamy ... Petitioner - Vs - The Commissioner, Survey and Land Records, Chepauk, Chennai 600 005.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to regularize the petitioner's service in the post of Senior Draftsman by taking note of the petitioner unblemished service rendered in the said post for the past 17 years. Petitioner : Mr.C.Prakasam For Respondents : Mr.N.Srinivasan

ORDER

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

2. The petitioner was initially appointed as Surveyor cum Draftsman on consolidated pay on 21.03.1983. Subsequently, he was promoted as Land Records Draftsman. On 28.05.1998, he was further promoted as Senior Draftsman. But, his services in the post of Senior Draftsman are yet to be regularized and in this regard, he has submitted a representation on 08.08.2015 to the respondent stating among other things that since his grievance has not been redressed by regularising his service as Senior Draftsman, he has been put to extreme hardship and mental pressure and in the event of his death, the 3rd respondent would alone solely responsible and hence prayed for appropriate orders.

3. Heard Mr.C.Prakasam, the learned counsel for the petitioner and Mr.N.Srinivasan, the learned Additional Government Pleader and also perused the records carefully.

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4. Though the petitioner prayed for a larger relief, in the light of the above facts and circumstances of the case, without going into merits of the claim projected by the petitioner, this court directs the Assistant Director of District Land and Survey Department, Nagapattinam, to consider the representation of the petitioner dated 08.08.2015 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and in the event of positive recommendation, he shall forward such proposal to the Additional Director Survey and Land Record, Chennai, within a period of four weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of with the above directions. Consequently, connected MP is closed. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar kmk To 1.The Commissioner, Survey and Land Records, Chepauk,Chennai 600 005. 2.The Asst. Director, District Land and Survey Department, Nagapattinam.

3.The Addl. Director Survey and Land Record, Chepauk, Chennai-600 005. +1 cc M/s. C.Prakasam, Advocate, sr.50055 +1 cc to Government PLeader, sr.49938 W.P.No.28705 of 2015 cnr co kra 25/09 https://hcservices.ecourts.gov.in/hcservices/