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Madras High CourtWP/2842/2016disposed of

K.Srinivasan v. The Commissioner,

2016-01-29Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2842 of 2016 K.Srinivasan ..Petitioner Vs.

The Commissioner, Kancheepuram Municipality, Kancheepuram. ..Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to dispose of the petitioner's representation dated 05.01.2016.

For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.G.B.Rajesh

ORDER

By consent, the writ petition is taken up for final disposal.

2. According to the petitioner, he joined the service as Revenue Assistant in Kancheepuram Municipality on compassionate ground. He was placed under suspension by the proceedings in Roc.No.12649/2013/C1, dated 22.11.2013 due to the false implication in the criminal case. Hence, the petitioner made a representation dated 05.01.2016 to revoke the order of suspension and for reinstatement into service. Since, it was not considered, the present writ petition has been filed.

3. Mr.S.Ilamvaludhi, learned counsel for the petitioner submitted that recently, the Hon'ble Supreme Court framed guidelines for extension of the suspension order in the case of AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA (UOI) AND OTHERS (2015 https://hcservices.ecourts.gov.in/hcservices/

(3) CTC 119) and based on the said judgment, the Government has also issued a letter No.13519/N/2015-1, dated 23.07.2015. Further, he has submitted that the respondent may be directed to consider the representation of the petitioner in the light of the judgment cited supra.

4. Heard the submission of Mr.S.Ilamvaludhi, learned counsel appearing for the petitioner and Mr.G.B.Rajesh, learned standing counsel appearing for the respondent.

5. This Court, considering the limited scope of prayer sought for by the petitioner, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 05.01.2016 in the light of decision of the Hon'ble Supreme Court in the case of AJAY KUMAR CHOUDHARY Vs. UNION OF INDIA (UOI) AND OTHERS (2015 (3) CTC 119) and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6. This writ petition is disposed of accordingly. No costs. cla Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Commissioner, Kancheepuram Municipality, Kancheepuram.

+ 1 cc to Mr.G.B.Rajesh, Advocate Sr 5554 + 1 cc to Mr.S.Ilamvaludhi, Advocate Sr 5555 KR/29/2/16 W.P.No.2842 of 2016 https://hcservices.ecourts.gov.in/hcservices/