Madras High CourtWP/23526/2019disposed of

K. Nanjundeeswaran v. The Regional Manager

2022-11-30Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM K.Nanjundeeswaran ..

Petitioner vs.

1.The Regional Manager, Tamil Nadu Ware Housing Corporation, Karamadai Road, Mettupalayam, Coimbatore District-641 301.

2.The Manager, Tiruppur Ware House, Tamil Nadu Ware Housing Corporation, SF.No.400, Angeripalayam Road, Thiruppur, Thiruppur District-641 603.

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to 1/6

consider the petitioner's representation dated 02.07.2019. For Petitioner : Mr.S.Jaya Prakash For Respondents : No Appearance

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to consider the representation submitted by the writ petitioner on 02.07.2019.

2. It is not in dispute that the petitioner was engaged as daily wage employee in Tamil Nadu Ware Housing Corporation as Night Watchman. He was working for about 2-1/2 years and in the year 2019, he was orally terminated from service without any valid reason.

3. The petitioner submitted representation to the Authorities to re-appoint him in the post of Night Watchman. In view of the fact that the representation submitted by the writ petitioner was not considered, he is constrained to move the present writ petition. 2/6

4. The petitioner is not in service for about three years. Under these circumstances, merely directing the respondents to consider the representation submitted by the writ petitioner would do no service to the cause of justice. The petitioner will come back again to the Court if any order is passed by the respondents.

5. The respondents have already took a stand that the petitioner was not eligible to continue in service as daily wage employee.

6. This being the factum, this Court found that there is no valid reason for discharging the petitioner from the services of the daily wage employee. Thus, whenever the need arises, the case of the writ petitioner is to be considered for engaging him as daily wage employee as per the Rules in force.

7. It is made clear that the petitioner is not entitled to claim regularisation or permanent absorption, since he was not even appointed in 3/6

accordance with the Recruitment Rules in force.

8. With the abovesaid observations, the writ petition stands disposed of. However, there shall be no order as to costs. 30-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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To 1.The Regional Manager, Tamil Nadu Ware Housing Corporation, Karamadai Road, Mettupalayam, Coimbatore District-641 301.

2.The Manager, Tiruppur Ware House, Tamil Nadu Ware Housing Corporation, SF.No.400, Angeripalayam Road, Thiruppur, Thiruppur District-641 603.

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S.M.SUBRAMANIAM, J.

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