S.Sundaram, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.No.1 of 2015 S.Sundaram ... Petitioner Vs.

1. The Commissioner, The HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2. The Joint Commissioner, HR & CE Department, Salem District, Salem - 636 001.

3. The Executive Officer, HR & CE Department, Arulmighu Badrakaliamman Temple, Mecheri (P.O), Mettur Taluk, Salem District - 636 453.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to make appropriate entry in the service register and consequently direct the respondents to confer all service benefits to the petitioner including the arrears for the last 32 years in the said post.

For Petitioner : Mr.Prakash Adiapadam

For Respondents : Mr.K.Karthikeyan, Government Advocate

O R D E R

This writ petition has been filed seeking a writ of mandamus, directing the respondents herein to make appropriate entry in the Service Register and consequently to direct the respondents to confer all service benefits to the petitioner, including the arrears for the past 32 years.

2. It is the case of the petitioner that, he was initially appointed as 'Last Grade Government Servant (LSGS)' in the third respondent/ Temple through proceedings dated 30.05.1983 and thereafter, his services were regularized through proceedings dated 11.03.1987 with effect from 30.05.1983. It is further case of the petitioner that, though he was appointed as a 'Last Grade Government Servant (LSGS)', his services were utilized as a 'Clerk' and also as a ' Cash Collector' at the counter, for issuing season tickets etc., and therefore, he is entitled for salary for the posts in which the petitioner was asked to work.

3. Though such a claim is made, no material is placed before this court to satisfy that the petitioner has been discharging the functions in the posts of 'Clerk' and 'Cash Collector' etc. In the absence of any such material placed before this court, the claim made by the petitioner cannot be entertained.

4. Be that as it may, the relief sought in the writ petition is as vague as it can be. Once it is admitted that the petitioner was appointed and regularized in the post of 'Last Grade Government Servant (LSGS)', it is not open for the petitioner to make a claim for payment of benefits attached to the other posts. Further, it is also brought to the notice of this court that the petitioner has already attained the age of superannuation during the year 2022 and he was also paid all the terminal benefits.

5. In the light of the above, this court does not see any merit in the writ petition and the same is accordingly dismissed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 01.07.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Commissioner, The HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2. The Joint Commissioner, HR & CE Department, Salem District, Salem - 636 001.

3. The Executive Officer, HR & CE Department,

Arulmighu Badrakaliamman Temple, Mecheri (P.O), Mettur Taluk, Salem District - 636 453.

MUMMINENI SUDHEER KUMAR, J.

skr 01.07.2025