R.Madhanagopal v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No. 36256 of 2016 R. Madhanagopal ..Petitioner Vs.

1. The Principal Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

3.The District Collector, Nagapattinam.

4.The Tahsildar, Mayiladuthurai, Nagapattinam.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondents herein to pass appropriate orders for regularization of the petitioner's service as Masalchi with effect from the date of his initial appointment i.e. From 06.05.1983 with all service, monetary and terminal benefits in the light of G.O.Rt.No.200, Revenue (Services 8(2) Department, dated 17.04.2007 and G.O.Ms. No.179, School Education Department, dated 13.07.2012 and the order of Hon'ble High Court, Madras dated 30.08.2007 in W.P.No.30458/2006 and dated 19.09.2014 in W.P.No.7884/2013 by disposing of the petitioner's representation dated 21.04.2016 on the file of the 1st respondent within a stipulated period of time. For Petitioner : Mr. K. Shanmugam.

For Respondents : Mr. R. Venkatesh, Government Advocate.

O R D E R

Though the larger relief is sought for in this writ petition, the learned counsel appearing for the writ petitioner restricted his prayer by stating that it is suffice, if a direction is issued to the first respondent to consider the representation submitted by the writ petitioner on 21.04.2016, in respect of the regularization of service with retrospective effect from the date of initial appointment.

2.The learned counsel for the writ petitioner submits that the writ petitioner was appointed as Masalchi in the Office of the Tahsildar, Mayiladuthurai, Nagapattinam and his service was regularized subsequently with effect from 01.01.2006. However, the writ petitioner claims that he was working continuously right from his initial date of appointment and there was no irregularity in his appointment and he is entitled for retrospective effect of his initial appointment. 3.Thus, without going into merits and demerits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioner on 21.04.2016 and pass appropriate order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4.This writ petition stands disposed of. However, no order as to costs.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar rpl To 1.The Principal Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

3. The District Collector, Nagapattinam.

4. The Tahsildar, Mayiladuthurai, Nagapattinam.

+1 Cc to Govt. Pleader sr 61330 +1 CC to Mr.K. Shanmugam, Advocate sr 60657.

W.P. No. 36256 of 2016 SJ(CO) sp(15/09/2017)