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Madras High CourtWP/27670/2024disposed of

V.Jegadeesan v. The Member Secretary

2024-10-24Honourable Mr Justice N. Anand Venkatesh5 pages

In the High Court of Judicature at Madras Dated : 24.10.2024 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.27670 of 2024 V.Jegadeesan

...Petitioner

Vs 1.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai-32.

2.The Deputy Chief Scientific Officer, Advanced Environmental Laboratory, Tamil Nadu Pollution Control Board, No.5, Ramasamy Nagar, Near Fire Service Station, Coimbatore (North), Kavundampalayam, Coimbatore-30.

...Respondents

PETITION under Article 226 of The Constitution praying for the issuance of a Writ of Mandamus directing the first respondent to extend the benefits of regularization of the petitioner's service from the date of initial appointment as done in th case of the petitioner's colleagues vide proceedings of the respondent dated 22.6.2024 by considering the representation to the first respondent through proper

channel on 08.7.2024 with all consequential service and monetary benefits and to issue received orders to that effect within a time limited to be stipulated by this Court.

For Petitioner :

Mr.P.Ganesan For Respondents :

Mrs.Vijayakumari Natarajan, Standing Counsel

ORDER

This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 08.7.2024 wherein the petitioner is seeking for regularization of his services from the date of initial appointment in the light of such relief granted to similarly placed persons through the proceedings of the respondent Board dated 22.6.2024 with all attendant benefits.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

3. The case of the petitioner is that he was appointed in the year 1997 as Typist under the Nominal Muster Roll category.

Thereafter, he was absorbed with effect from 10.12.1998. Subsequently, his probation was declared and he was also promoted as General Assistant and further promoted as Assistant Manager. The petitioner is going to retire from service in April 2025.

4. The grievance of the petitioner is that his services must be regularized with retrospective effect. Seeking such a relief, the petitioner made a representation dated 08.7.2024 to the first respondent. The petitioner also relies upon the order that was passed by the respondent Board in favour of similarly placed persons through proceedings dated 22.6.2024. Since the said representation dated 08.7.2024 did not evoke any response, the petitioner is before this Court.

5. Taking into consideration of the facts and circumstances of the case and without going into the merits, there shall be a direction to the petitioner to file a fresh representation before the first respondent within a week from the date of receipt of a copy of this order. On receipt of such a representation, the first respondent is directed to deal with the same on its own merits and in accordance

with law and take a final decision thereon. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

24.10.2024 To 1.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai-32.

2.The Deputy Chief Scientific Officer, Advanced Environmental Laboratory, Tamil Nadu Pollution Control Board, No.5, Ramasamy Nagar, Near Fire Service Station, Coimbatore (North), Kavundampalayam, Coimbatore-30.

RS

N.ANAND VENKATESH,J RS 24.10.2024