Madras High CourtWP/31542/2019disposed of

R.Swaminathan v. The District Collector,

2019-11-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31542 of 2019 R.Swaminathan ..Petitioner Vs

1. The District Collector Chennai District

2. The District Collector, Kancheepuram District.

3. The Personal Assistant to The District Collector Kancheepuram, Social Nutritious Meal Programme, Kancheepuram District.

4. The Commissioner Department of Social Welfare & Nutritious Meal Programme, Chepauk, Chennai-600005.

5. The Commissioner, St.Thomas Mount Panchayat Union, 1st Main Road, Chitlapakkam, Chennai-64.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 5th respondent to consider the representation of the petitioner dated 13.07.2019 within a stipulated period of time.

For Petitioner : Mr. M. Muruganantham For Respondents : Mr. A.N. Thambidurai, Spl. G.P

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus to direct the 5th respondent to consider the representation of the petitioner dated 13.07.2019 within a stipulated period of time.

2. Heard both sides and perused the records. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioners is that the petitioner was appointed as a Noon Meal Organiser in Government High School, Alanthur Municipality, Kancheepuram District. He was arrested 12.07.2012 and a criminal case was also registered against him. In view of the said criminal case, he was suspended from service on 01.08.2012. After acquittal of all charges, the petitioner has approached the respondent for reinstatment of service, sine the said request was not considered, the petitioner has filed a writ petition in W.P. No. 7022 of 2019. This Court by its order dated 27.03.2019, directed the respondents to reinstate the petitioner. Though, he was reinstated into service as directed by this Court, he was not paid salary till date and his period of suspension was also not regularised. Therefore, he sent a representation dated 13.07.2019 to the 5th respondent, However, the 5th respondent has not considered his representation till date, he filed the present writ petition.

4. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the first respondent to consider the petitioner's appeal and pass appropriate orders within the reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 5th respondent to consider the representation dated 13.07.2019 made by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ak

To 1.The District Collector Chennai District 2.The District Collector, Kancheepuram District.

3.The Personal Assistant to The District Collector Kancheepuram, Social Nutritious Meal Programme, Kancheepuram District.

4.The Commissioner Department of Social Welfare & Nutritious Meal Programme, Chepauk, Chennai-600005.

5.The Commissioner, St.Thomas Mount Panchayat Union, 1st Main Road, Chitlapakkam, Chennai-64.

+1cc to Mr.M.Muruganantham, Advocate SR.93246 +1cc to the Government Pleader SR.93801 W.P.No.31542 of 2019 KJ(CO) CB(19/12/2019)