Madras High CourtWP/30871/2019disposed of

K.Magimaidass v. The Commissioner

2019-11-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :: 01.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.30871 OF 2019 1 K.MAGIMAIDASS ...

petitioner Vs 1 The Commissioner Arni municipality Arni Thiruvannammalai District ...

respondent Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the Respondents herein to regularise the period of suspension of the petitioner with effect from 30.05.2007 AN to till the date of his rejoining as Sanitary worker on revocation of suspension as duty period for all purposes and to grant all annual increments revision to pay and all other consequential service and monetary benefits to him within a limited time frame as deemed to be fit by this Honble Court For petitioner ...

Mr.P.Kumaravel For respondent ...

Mr.G.P.Jayaprakash Narayanan

O R D E R

With the consent of both the parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has come forward with this writ petition seeking a Writ of Mandamus directing the Respondents herein to regularise the period of suspension of the petitioner with effect from 30.05.2007 AN to till the date of his rejoining as Sanitary worker on revocation of suspension as duty period for all purposes and to grant all annual increments revision to pay and all other consequential service and monetary benefits to him.

3. According to the petitioner, he was employed as a sanitary worker in the respondent municipality and he was placed under suspension along with another staff for his involvement in a crime registered as Cr.No.96 of 2007 for offence under Section 420 IPC. The petitioner was placed under suspension. Later, the final report was closed by the Judicial Magistrate, Arni, Tiruvannamalai District by order dated 27.10.2017 in C.M.P.No.2925 of 2017. The petitioner thereafter made a representation to the respondent to regularize the period of suspension and grant him all monetary benefits. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner would submit that it would be suffice to issue direction to respondent to consider the representation dated 18.07.2019 and pass on merits and in accordance with law.

5. Mr. G.P. Jayaprakash Narayanan, learned counsel for the respondent agreed to dispose of the representation within a stipulated time.

6. Heard the learned counsel on either side.

7. Considering the facts and circumstances of the case, I am inclined to issue direction to the respondent to consider the representation made by the petitioner dated 18.07.2019 and pass orders on merits and in accordance with law. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

8. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar MRN To 1 The Commissioner Arni municipality Arni Thiruvannammalai District +1cc to Mr.M.Ravi, Advocate sr.91177 W.P. No.30871 OF 2019 nr 22/11/2019 https://hcservices.ecourts.gov.in/hcservices/