J.Jamuna v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.6.2022

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.16831 of 2020 J.Jamuna ...

Petitioner Vs.

The Joint Commissioner, Commercial Tax Integrated Court Building, S.No.17/2 ward J Block No.3, Pitchards Road, Salem - 636007.

...

Respondent Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the Representation dated 13.8.2020 by the Respondent.

For Petitioner : Mr.J.Prithvi For Respondent : Mr.R.Siddharth, G.A.

O R D E R

The petitioner has filed the present writ petition seeking direction to the sole respondent to consider her representation dated 13.8.2020 and pass orders.

The petitioner by representation dated 3.9.2019, has requested the respondent to regularize her service rendered with TAPCO from 25.11.1987 to 28.12.2000 and consider the same for calculating her tenure of service for pensionery benefits and also to condone the interruption of service from 28.12.2000 to 31.8.2007 for calculating pensionary benefits by the respondent. However, the said representation is still pending with the respondent. Therefore, the petitioner has filed the instant writ petition before this Court. The petitioner also relied upon the unreported judgment of the Division Bench of this Court in W.A. (MD) No.302 of 2008 dated 18.7.2008 [State of Tamil Nadu rep. by the Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Chennai].

2. According to the learned Government Advocate, the petitioner has already filed W.P.No.33255 of 2019, seeking direction to the Director of Animal Husbandry and Fisheries

Department. The representation received from the petitioner was forwarded to the concerned department viz., the Director of Animal Husbandry and Fisheries Department. Again, the petitioner has filed the instant writ petition seeking direction to the Joint Director, Commercial Tax department, respondent herein to consider her representation dated 13.8.2020.

3. Having regard to the facts and circumstances of the case and in the light of the judgment cited supra, this Court is inclined to direct the respondent to consider the representation of the petitioner dated 13.8.2020 and pass appropriate orders on merit and in accordance with law as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of copy of the order.

4. Accordingly, the writ petition stands disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vaan To The Joint Commissioner, Commercial Tax Integrated Court Building, S.No.17/2 ward J Block No.3, Pitchards Road, Salem- 636007 +1cc to Mr.S.Kaithamalai Kumaran, Advocate, S.R.No.41847 +1cc to the Special Government Pleader,(Taxes) S.R.No.42151 W.P.No.16831 of 2020 RLD(CO) CT/20/07/2022