N.Raja Bernatsha, v. The Assistant Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2016
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA Writ Petition No.3991 of 2016 N.Raja Bernatsha .. Petitioner vs.
1.The Assistant Director (Audit), Local Fund Audit Department, Pennagaram Salai, Dharmapuri, Dharmapuri District.
2.The Regional Deputy Director (Audit), Local Fund Audit Department, Kuralagam, 4th Floor, Chennai - 600 108.
3.The Director (Audit), Local Fund Audit Department, Kuralagam, 4th Floor, Chennai - 600 108.
4.The Executive Officer, Town Panchayat Office, Paupparapatti Post, Pennagaram Taluk, Dharmapuri - 636 809.
5.Murugesan, 6.Rajarathinam 7.A.Babu 8.T.Munusamy 9.Poongavanam 10.Kutti 11.Sumathi .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 20.11.2015 within a time frame.
For petitioner : Mr.T.Karunakaran For respondents 1 &2: Mr.R.Vijayakumar Additional Government Pleader For respondents 3&4 : Mr.P.Sanjay Gandhi Additional Government Pleader
ORDER
Mr.R.Vijaya Kumar, learned Additional Government Pleader takes notice for the respondents 1 and 2. Mr.P.Sanjay Gandhi, learned Additional Government Pleader, takes notice for respondents 3 and 4.
2. By consent, this Writ Petition is taken up for disposal at the admission stage itself.
3. The learned counsel appearing for the petitioner would submit that earlier the petitioner had approached this Court by way of Writ Petition No.280 of 2013 seeking for a direction to appoint him in the post of Sanitary Worker in Paupparapatti Town Panchayat and that Writ Petition was disposed of with a direction to consider the petitioner for appointment and as the respondents did not come forward to implement the order, the petitioner filed a Contempt Petition No.2056 of 2014 but as against the order of W.P.No.280 of 2012, the fourth respondent filed a Rev.Application No.343 of 2014. Pursuant to the submission on behalf of the fourth respondent that the order has been complied with, this Court closed the Contempt Petition by order dated 6.3.2015, by observing that insofar as the other reliefs are concerned, it is open to the petitioner to take appropriate steps including giving a representation to the appropriate authority.
Accordingly, he has given a representation dated 20.11.2015 but the respondents have not taken any steps to consider his representation merely for the reason that he has already visited this Court with Contempt Petition as stated above.
4. Considering the submissions made and the facts and circumstances of the case, without going into the merits of the case, this Court directs the first respondent to consider the representation of the petitioner dated 20.11.2015 on merits and in accordance with law within a period of two weeks from the
date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar asvm To 1.The Assistant Director Audit), Local Fund Audit Department, Pennagaram Salai, Dharmapuri, Dharmapuri District.
2.The Regional Deputy Director (Audit), Local Fund Audit Department, Kuralagam, 4th Floor, Chennai - 600 108.
3.The Director (Audit), Local Fund Audit Department, Kuralagam, 4th Floor, Chennai - 600 108.
4.The Executive Officer, Town Panchayat Office, Paupparapatti Post, Pennagaram Taluk, Dharmapuri - 636 809.
+2 ccs to Mr.T.Karunakaran, Advocate, sr.7322 +1 cc to Government Pleader, sr.7203 W.P.No.3991 of 2016 ksj co kra 10.02.2016