S.Marudhachala Moorthy v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7325 of 2016 S.Marudhachala Moorthy ..
Petitioner -vs1. The Principal Secretary Rural Development and Panchayat Department Secretariat, Fort St.George Chennai 600 009
2. The District Collector
3. The Personal Assistant to the District Collector (Development) Collectorate
4. The Block Development Officer (Village Panchayat) Office of the Panchayat Union Tiruvonam, Thanjavur District
5. The President Unchiyaviduthi Village Panchayat Unchiyaviduthi Tiruvonam Taluk ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider and pass orders in accordance with law by disposing the written representation dated 20.01.2016 within a stipulated period as this Hon'ble Court fix, consequently directing the fifth respondent to allow the petitioner to join duty as Panchayat Secretary of Unchiyaviduthi Village Panchayat, Unchiyaviduthi, Tiruvonam Taluk, Thanjavur District.
For Petitioner ::
Mr.P.Sivakumar For Respondents ::
Mr.S.Gunasekaran Govt Advocate for R1 to R3 Mr.P.Sanjay Gandhi for R4 & R5
ORDER
The order of suspension passed against the petitioner was revoked by the order dated 7.3.2014 passed by the Personal Assistant to the District Collector, Thanjavur, the third respondent herein. But the grievance of the petitioner is that the respondents have not come forward to disburse the arrears of salary for a period of about nine months, for which he has given a representation on 20.1.2016. As the said representation has not been considered, he has come to this Court.
2. Mr.S.Gunasekaran, learned Government Advocate takes notice on behalf of the respondents 1 to 3 and Mr.P.Sanjay Gandhi, learned counsel takes notice on behalf of the respondents 4 & 5.
3. This Court, taking into account that the order of suspension passed against the petitioner has been revoked by the Personal Assistant to the District Collector, Thanjavur on 7.3.2014 and since then he is working without salary, hereby directs the respondents 1 to 3 to consider the representation of the petitioner dated 20.1.2016 on merits and pass orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
ss s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To
1. The Principal Secretary to Government Rural Development and Panchayat Department Secretariat, Fort St.George Chennai 600 009
2. The District Collector
3. The Personal Assistant to the District Collector (Development) Collectorate
4. The Block Development Officer (Village Panchayat) Office of the Panchayat Union Tiruvonam, Thanjavur District
5. The President Unchiyaviduthi Village Panchayat Unchiyaviduthi Tiruvonam Taluk + 1 cc to M/s.P.Sivakumar, Advocate SR 12515 + 1 cc to Govt.Pleader SR 12962 ala(co) prk10/3 W.P.No.7325 of 2016