J.Thirunavakkarasu v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.17133 of 2020 J.Thirunavukkarasu .. Petitioner Vs.
1. The Director The Directorate of Medical and Rural Health Service No.258, DMS Complex 3rd Floor, Anna Salai Teynampet, Chennai - 18
2. The Deputy Director of Health Services Old Government Hospital Tiruvannamalai District Tiruvannamalai .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on petitioner's representation dated 26.02.2020 seeking appointment to the temporary post of seasonable mazdoor. * * * For Petitioner :
Mr.S.Annamalai For R1 and R2 :
Mrs.P.Rajalakshmi Additional Government Pleader
O R D E R
The petitioner has come forward with this writ petition for a mandamus, directing the respondents to consider and pass orders on his representation dated 26.02.2020 seeking appointment to the temporary post of seasonable mazdoor.
2. The case of the petitioner is that G.O. Ms. No.509 dated 10.10.1995 was issued by the Government appointing temporary workers in the field of mazdoor. According to the petitioner, during 2006-2015, he worked in the office of the second respondent as temporary mazdoor, with regular intervals every year, as sanitary worker. During 2016, he was stopped from temporary job. Thereafter, the petitioner was repeatedly submitting his application for his temporary job in mazdoor.
On 29.07.2019, he submitted his representation to the respondents, but not considered by the respondents. On 26.02.2020, the petitioner along with other similarly placed persons had given joint representation, which is still pending seeking for temporary job. Hence this writ petition.
3. Heard both sides and perused the materials placed before this Court in the form of typed set of papers.
4. Considering the limited scope of the prayer and the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the representation of the petitioner dated 26.02.2020, by affording an opportunity of hearing to him, within a period of two months from the date of receipt of a copy of this order.
5. The petitioner shall furnish his/her phone number, email ID, if any, etc., along with a copy of the representation dated 26.02.2020 and this order, to the second respondent forthwith. The second respondent is directed to communicate the decision taken on the representation, to the petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/registered post/speed post, so that there is no need for the petitioner to file contempt after expiry of the specified period. In case the authority concerned fail to send communication to the petitioner, he/she will have to face the civil imprisonment in case of contempt proceedings and, if he/she is unable to serve the order and the cover being returned un-served for one reason or the other, the same shall be kept in the file without opening it for the proof of attempt of delivery, so that the petitioner, at a later point of time, will not take a plea that he is not aware of the order.
6. With the above directions, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Asr To
1. The Director The Directorate of Medical and Rural Health Service No.258, DMS Complex 3rd Floor, Anna Salai Teynampet, Chennai - 18.
2. The Deputy Director of Health Services Old Government Hospital Tiruvannamalai District Tiruvannamalai.
+1cc to the Government Pleader, S.R.No.7695.
W.P.No.17133 of 2020 PL(CO) CSR 24.03.2021