S.Dhavamani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN S.Dhavamani ... Petitioner Vs.
1.The State of Tamilnadu, Rep By Principal Secretary to Government, Adi Dravidar And Tribal Welfare Department, Secretariat, Fort St Goerge, Chennai 600 009.
2.The Director of Adi Dravidar Welfare Chepauk, Chennai 600 005.
3.District Collector, Collectorate Office Salem, Salem District.
4.District Adi Dravidar And Tribal Welfare Officer, Salem District, Salem.
5.The Special Tahsildar, Omalur Taluk, Salem.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the 3rd respondent to disburse salary to the petitioner by regularising services of the petitioner as duty period for all purpose including monetary benefits and consequently
direct to sanction annual increment from 2018 to till now to the petitioner by considering the representation dated 23.06.2025 within a time to be stipulated by this Court.
For Petitioner : Mr.P.Ganesan For Respondent : Mr.G.Nanmaran Special Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal at the admission stage itself.
2.
The writ petition is filed seeking a direction to the third respondent to consider the petitioner's representation dated 23.06.2025 and disburse the salary from March 2018 and other monetary benefits, by regularising her service.
3.
The case of the petitioner is that, she was appointed to the post of Cook on 03.03.2016. Subsequently, she was relieved vide proceedings dated 17.11.2017, on administrative grounds. Challenging the said order, the petitioner has filed W.P.No.1316 of 2018 and obtained stay order from this Court in W.M.P.No.1652 of 2018 in W.P.No.1316 of 2018 vide order dated
22.01.2018. Based on the interim order, the petitioner was again re-instated into service as Cook. However, she was not paid with salary since March, 2018. Hence the petition.
4.
Learned Counsel for the petitioner would submit that the petitioner has sent various representation to the respondent and the latest one was dated 23.06.2025 and the same is yet to be considered by the respondents.
5.
Mr.G.Nanmaran, the learned Special Government Pleader would strongly contend that the petitioner's appointment is illegal and further she has already been terminated from service and therefore, she is not eligible for salary. However, he would fairly submit that the petitioner's representation dated 23.06.2025, will be considered within a reasonable time. 6.
In view of the above submission, without going into the merits of the matter, this Court deems it appropriate to direct the third respondent to consider the petitioner's representation dated 23.06.2025 and pass orders on it's own merits and in accordance with law within a period of eight weeks
from the date of receipt of a copy of this order. In the result, the Writ Petition is disposed of with the above direction. No costs.
16.07.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.The Principal Secretary to Government, Adi Dravidar And Tribal Welfare Department, Secretariat, Fort St Goerge, Chennai 600 009.
2.The Director of Adi Dravidar Welfare Chepauk, Chennai 600 005.
3.District Collector, Collectorate Office Salem, Salem District.
4.District Adi Dravidar And Tribal Welfare Officer, Salem District, Salem.
5.The Special Tahsildar, Omalur Taluk, Salem.
C.KUMARAPPAN, J.
veda 16.07.2025