Madras High CourtWP/24193/2021disposed of

B.Fakrudin v. The State Of Tamil Nadu

2022-04-25Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos. 24193, 24195,24197, 24201, 24202 and 24205 of 2021 B.Fakrudin ... Petitioner in W.P.No.24193 of 2021 S. Kumaresan ... Petitioner in W.P.No.24195 of 2021 N.SENTHILKUMAR ... Petitioner in W.P.No.24197 of 2021 P.JESURAJ ... Petitioner in W.P.No.24201 of 2021 S.SUGUMAR ... Petitioner in W.P.No.24202 of 2021 K.THIYAGARAJAN ... Petitioner in W.P.No.24205 of 2021 Vs 1 The State of Tamil Nadu Rep by its Principal Secretary, Department of Higher Education, Secretariat Chennai - 600 009.

2 The Commissioner, Tamil Nadu Archives, No. 50-51, Gandhi Irwin Road Egmore, Chennai - 600 008.

... Respondents in W.P.Nos.24193, 24195, 24197 & 24201 of 2021 1 The State of Tamil Nadu Rep by its Principal Secretary, Department of Higher Education, Secretariat Chennai - 600009.

2 The Registrar, Co-Operative Societies, Chennai - 600 010.

... Respondents in W.P.No.24202 of 2021 1 The State of Tamil Nadu Rep by its Principal Secretary, Department of Higher Education, Secretariat Chennai - 600 009.

2 The Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

3 The Director, Directorate of Social Welfare, Guindy, Chennai - 600 032.

... Respondents in W.P.No.24205 of 2021 Prayer in W.P.Nos.24193, 24193, 24197, 24201 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the redeployment of the petitioner to his native district Cuddalore or nearby districts on humanitarian grounds after completion of tenure as Office Assistant in Tamil Nadu Archives, Egmore, Chennai on 18.5.2022, by considering the representation of the petitioner dated 25.8.2021.

Prayer in W.P.No.24202 of 2021 :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the redeployment of the petitioner to his native district Cuddalore or nearby districts on humanitarian grounds after completion of tenure as Office Assistant in Child Development Project Office, Peravoorani, Thanjavur district on 15.5.2022 by considering the representation of the petitioner dated 26.8.2021. For Petitioners :Mr.Kandhan Duraisami ( In all WPs) For Respondents : Mr.M.Bindran, AGP ( In all WPs) COMMON ORDER The relief sought for in these writ petitions is for a direction to the respondents to consider the representation of the petitioners for redeployment of the petitioners to their native district Cuddalore or nearby districts on humanitarian

grounds after completion of tenure as Office Assistants in the 2nd respondent department.

2. The learned counsel for the petitioners would submit that the similarly placed persons have earlier approached this Court and obtained directions to the respondents to consider their representations. The learned counsel for the petitioners would further submit that it would suffice if a direction is issued to the respondents to consider their respective representations seeking the aforesaid relief in accordance with law, within a time frame as stipulated by this Court.

3. Heard both sides and perused materials available on record.

4. Having considered the submissions made by the learned counsels appearing on either side and the limited scope of prayer sought for by the petitioners in these writ petitions, this Court, without expressing any opinion on the merits of the petitioners' representation, directs the 1st respondent to consider the petitioners' representations dated 25.08.2021and 27.08.2021 respectively, on its own merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, these writ petitions are disposed of . No costs.

Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar ak To 1.The Principal Secretary, Department of Higher Education, Secretariat, Chennai-600009.

2.The Commissioner, Tamil Nadu Archives, No. 50-51, Gandhi Irwin Road, Egmore, Chennai -600008.

3. The Registrar, Co-Operative Societies, Chennai - 600 010.

4. The Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

5. The Director, Directorate of Social Welfare, Guindy, Chennai - 600 032.

+6ccs to Mr.P.Muthumani Doraisami, Advocate SR.No.28440 +1cc to Special Government Pleader SR.No.28396 W.P.No. 24193, 24195,24197, 24201, 24202 and 24205 of 2021 RP(CO) GMY(24/05/2022)