A.Manimaran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A. Manimaran .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Secretary to Government, Registration Department, Fort St. George, Chennai - 600 009.

2.The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 004.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.10.2022 to regularize the petitioner's service from the date of his initial appointment on 22.01.1999 and consequently direct the respondents to pay monetary benefits with all consequential benefits and arrears.

For Petitioner : Ms.S. Esairani Narasimman For Respondents : Mr.K. Tippu Sultan, Government Advocate

ORDER

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This Writ Petition has been filed for a mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 21.10.2022, seeking to regularize his service from the date of his initial appointment and consequently direct the respondents to pay monetary benefits with all consequential benefits and arrears.

2. Heard Ms.S. Esairani Narasimman, learned counsel for the petitioner. Mr.K. Tippu Sultan, learned Government Advocate, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner claims that his service has to be regularized from the date of his initial appointment. However, his service was regularized only after completion of ten years of service. In such circumstances, he has given several representations and the last such representation was on 21.10.2022 seeking to regularize his service from the date of his initial appointment. Since the representation has not been considered till date, the petitioner has filed this Writ Petition.

4. At the outset, learned Government Advocate appearing for the 2/4

respondents would submit that the petitioner will have to give a fresh representation.

5. Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to give a fresh representation seeking for regularization of his service from the date of his initial appointment.

6. No prejudice will be caused to the respondents, if the petitioner is allowed to give a fresh representation and a direction is issued to the respondents to consider the same on merits and in accordance with law, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the second respondent seeking to regularize his service from the date of his initial appointment, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said representation, the second respondent shall pass final orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. 3/4

ABDUL QUDDHOSE,J.

Sni

8. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

24.11.2022 Speaking/Non-speaking order Index: Yes/No Internet: Yes/No Sni To 1.Secretary to Government of Tamil Nadu, Registration Department, Fort St. George, Chennai - 600 009.

2.The Inspector General of Registration, Santhome High Road, Santhome, Chennai - 600 004.

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