L.Govindarajan v. The Tamil Nadu Civil Supplies Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2019

CORAM:

THE HONOURABLE MRS. JUSTICE V.PARTHIBAN W.P.No.18415 of 2019 Govindarajan ..

Petitioner Vs The Tamil Nadu Civil Supplies Corporation, rep. by its Managing Director, No.10, Thambuswamy Road, Chennai-10 ...Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to dispose of petitioner's representation dated 05.05.2014.

For Petitioner : Mr.S.Venkataraman For Respondent : Mr.L.P.Shanmughasundaram, Spl G.P.

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to dispose of petitioner's representation dated 05.05.2014.

2. The case of the petitioner is that the petitioner was employed as casual labour at Arni in the respondent Corporation. After being employed continuously for several years, he approached the authority claiming permanency of service under the Conferment of Permanent Status Act 1981. The said application was allowed by the authority on 26.08.1996. The respondent Corporation, in pursuance of the order, regularised the services of the petitioner vide proceedings dated 14.03.2000 with effect from 13.07.1991. Although the petitioner's services came to be regularised with effect from 13.07.1991, he was not paid arrears of pay and allowances for the earlier period. The petitioner approached this Court and a direction was given to pay the arrears of pay.

As against the order passed by the learned Single Judge of this Court, an appeal was preferred in W.A Nos.1368 to 1371 of 2013 in the case of (The Tamil Nadu Civil Supplies Corporation Ltd., rep. by its Chairman cum Managing Director, Chennai-10 and another Vs. L. Govindaraj and 3 others) and on 23.04.2014, the said Appeal was dismissed https://hcservices.ecourts.gov.

with a direction to pay arrears within four months. Thereafter, it appears that the petitioner has submitted number of representations on 05.05.2014, 01.10.2015, 10.02.2016, 12.06.2017, 27.06.2018 and recently on 13.03.2019 respectively. Since no action was forthcoming, the petitioner is before this Court seeking for Writ of Mandamus.

3. Upon notice, Mr.L.P.Shanmughasundaram, learned Special Government Pleader entered appearance for the respondents.

4. Today, when the matter is taken up for hearing, the learned Special Government Pleader would submit that the respondent Corporation may be directed to dispose of the writ petition within the time to be stipulated by this Court. 5.In view of the limited prayer being sought for in this Writ Petition, this Court in the fitness of things would dispose of this Writ Petition with the directions to the respondent as under:

(i)The respondent is directed to consider and pass appropriate orders on merits in accordance with law on the representations submitted by the petitioner as referred to above, within a period of four weeks from the date of receipt of a copy of this order. While passing orders, the respondent shall take into consideration the orders passed by this Court, which is the subject matter of representations made by the petitioner. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar dn To The Managing Director, The Tamil Nadu Civil Supplies Corporation, No.10, Thambuswamy Road, Chennai-10 +1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No. 73991 +1cc to Mr.S.Venkataraman, Advocate, S.R.No. 72551 W.P.No.18415 of 2019 KK(CO) GN(18/10/2019) https://hcservices.ecourts.gov.in/hcservices/