T.Punitha v. The Member Secretary
In the High Court of Judicature at Madras Dated : 24.10.2024 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.27624 of 2024 T.Punitha
...Petitioner
Vs 1.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai-32.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Additional Collectorate Campus, Block No.II, Finger Post, Ooty-643006.
The Nilgiris District.
...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 22.3.2024 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 22.3.2024 wherein the petitioner is seeking for regularization of her 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 she was appointed in the year 1996 as Assistant under the Nominal Muster Roll category. Thereafter, she was absorbed with effect from 08.12.1998.
Subsequently, her probation was declared and she was also promoted as General Assistant and further promoted as Assistant Manager. The petitioner is going to retire from service in December 2024.
4. The grievance of the petitioner is that her services must be regularized with retrospective effect. Seeking such a relief, the petitioner made a representation dated 22.3.2024 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 22.3.2024 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 District Environmental Engineer, Tamil Nadu Pollution Control Board, Additional Collectorate Campus, Block No.II, Finger Post, Ooty-643006.
The Nilgiris District.
RS
N.ANAND VENKATESH,J RS 24.10.2024