R.Selvakumar, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P. No.2896 of 2018 R.Selvakumar .. Petitioner Vs.

1.The State of Tamilnadu, Rep. by the Secretary, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Director of Town Panchayat, Kuralagam, Chennai - 600 108.

3.The Executive Officer, Muthupettai Town Pachayat, Muthupettai, Thiruvarur District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to pass orders on the representation dated 28.09.2017 seeking regularization of the services in the post of Bill Collector, on merits and within a time to be fixed by this Court.

For Petitioner : Mr.L.Chandrakumar For Respondent Nos.1 & 2 : Mr.R.S.Selvam Government Advocate For Respondent No.3 : Mr.G.B.Rajesh

O R D E R

This Writ Petition has been filed seeking a writ of mandamus, directing the second respondent / Director of Town Panchayat, Kuralagam, to pass appropriate orders on the petitioner's representation dated 28.09.2017 seeking regularization of the services in the post of Bill Collector.

2. The learned counsel appearing for the petitioner submitted that after the petitioner was appointed as Record Clerk on compassionate ground on 11.12.1991, he was given promotion to the post of Bill Collector on 07.04.1997. While so, he suffered departmental proceedings for certain charges and finally imposed with major punishment of reversion for 5 years to the post of Record Clerk from the post of Bill Collector on 01.02.2011. As the said punishment became final, the petitioner having completed 5 years on his service to the post of Record Clerk after being reverted from the post of Bill Collector, the respondents should regularise his services in the post of Bill Collector after completion of the said period of punishment for 5 years. Accordingly, after completing the period of punishment for 5 years, the third respondent sent proposal dated 07.02.2018 to the Assistant Director, the same is pending for quite long time. Since the said proposal has not been disposed of, the petitioner is before this Court.

3. Heard Mr.L.Chandrakumar, learned counsel appearing for the petitioner, Mr.G.B.Rajesh, learned counsel appearing for the third respondent and Mr.R.S.Selvam, learned Government Advocate appearing for the respondents 1 and 2, who sought reasonable time to consider the proposal made by the third respondent.

4. Considering the limit relief sought for by the petitioner, this Court directs the second respondent to consider the pending proposal sent by the third respondent dated 07.02.2018 and pass appropriate orders, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

5. With this direction, the Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar sri To

1. The Secretary, Government of Tamilnadu, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2. The Director of Town Panchayat, Kuralagam, Chennai - 600 108.

+1cc to Mr.L.Chandrakumar, Advocate, S.R.No.18562 +1cc to Mr.G.B.Rajesh, Advocate, S.R.No.18625 +1cc to the Government Pleader, S.R.No.18816 W.P. No.2896 of 2018 LRS(CO) CS/06/04/18