S.Govindaraju v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7446 of 2015 S.Govindaraju

...Petitioner

Vs.

1.The Commissioner, Ooraga Valarchi cum Panchayat Raj, Panagal Building, Chennai.

2.The District Collector, Sathuvachari, Vellore - 9.

3.The Block Development Officer, Solaiyarpettai Panchayat Union, Asiriyan Nagar, Tirupattur.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 28.10.2014 and regularize the petitioner's services.

For Petitioner : No appearance For R1 & R2 : Mr.K.Dhananjayan Special Government Pleader For R3 : Mr.R.Ravichandran * * * * *

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to consider the representation submitted by the writ petitioner on 28.10.2014 with regard to the regularization of his service.

2.None appeared for the writ petitioner. Heard Mr.K.Dhananjayan, learned Special Government Pleader for the https://hcservices.ecourts.gov.in/hcservices/

respondents 1 and 2 and Mr.R.Ravichandran, learned counsel for the third respondent.

3.However, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 made a submission that the salary for the writ petitioner is being paid from and out of the contingent fund. In view of the fact that there is no sanctioned post of watch man. Thus, the respondents are not in a position to regularize the service of the writ petitioner, merely on the ground of completion of ten years of service continuing as a staff on temporary and daily wages basis. However, the writ petitioner has submitted a representation in this regard and therefore, he is entitled for a proper reply from the competent authorities in respect of his representation.

4.Thus, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the writ petitioner on 28.10.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar ah To 1.The Commissioner, Ooraga Valarchi cum Panchayat Raj, Panagal Building, Chennai.

2.The District Collector, Sathuvachari, Vellore - 9.

3.The Block Development Officer, Solaiyarpettai Panchayat Union, Asiriyan Nagar, Tirupattur.

+1 cc to Government pleader SR.NO. 69850 W.P.No.7446 of 2015 RD 24/06/2015 https://hcservices.ecourts.gov.in/hcservices/