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Madras High CourtWP/27310/2019disposed of

M.Dinesh v. The Chief Secretary

2019-09-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27310 of 2019 M.Dinesh .. Petitioner Vs.

1.The Chief Secretary, Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Joint Director, Government Examinations, O/o.Government Examinations, DPI Campus, College Road, Chennai - 600 006.

3.Deputy Director, O/o.Government Examinations, Vellore - 9.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the review petition dated 29.08.2018 and pass appropriate orders in accordance with law within a stipulated time limit.

For Petitioner : Ms.Malarvizhi Udayakumar For Respondents : Ms.V.Annalakshmi Government Advocate

O R D E R

The prayer sought for in the Writ Petition is to direct the first respondent to consider the review petition dated 29.08.2018 and pass appropriate orders in accordance with law, within a stipulated time limit.

2.The case of the petitioner is that the petitioner worked as a Junior Assistant based on the compassionate grounds in the

office of the Government Examinations, Vellore. The petitioner had absented himself from duty for his personal and family problems. Therefore, a charge memo was issued by the third respondent on 19.11.2009. After enquiry, the petitioner was removed from service. Thereafter the petitioner preferred an appeal to the second respondent on 26.06.2015 and inturn the second respondent replied to the petitioner on 13.10.2017, directing the petitioner to prefer an appeal before the third respondent. Accordingly, the petitioner preferred an appeal to the third respondent 30.10.2017 and there was no reply till date. Further the petitioner preferred an appeal to the second respondent on 06.12.2017 and the same was rejected by the second respondent on 02.08.2018, advising the petitioner to prefer a review before the first respondent, requesting to reconsider his representation on 29.08.2018. However, till date the same was not considered. Hence, the petitioner has come out with the present Writ Petition.

3.The learned counsel for the petitioner would submit that it would be suffice to issue direction to the first respondent to consider and pass orders on the representation of the petitioner dated 29.08.2018.

4.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the first respondent to consider the representation of the petitioner dated 29.08.2018 and pass orders on the same in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar krk To 1.The Chief Secretary, Education Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Joint Director, Government Examinations, O/o.Government Examinations, DPI Campus, College Road, Chennai - 600 006.

3.Deputy Director, O/o.Government Examinations, Vellore - 9.

W.P.No.27310 of 2019 KK(CO) CB(15/11/2019)