N.Ramamoorthy v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 32026 of 2019 and WMP.No.32274 of 2019 1.N.Ramamoorthy
2. N.Govindaraj ... Petitioners Vs The Secretary Thirupathur Sarvodaya Sangam, No. 87, Gandhi Road, Thirupathur, Vellore District. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to grant back wages and other monetary benefits and continuity of service from the date of suspension of the 1st petitioner from 04.09.2015 till the date of rejoining service on 29.04.2017 ad 2nd petitioner from 13.02.2010 till date of rejoining service on 01.05.2017 and pass orders on petitioners' representation dated 18.02.2019 submitted to respondent in person till today no action is taken. For Petitioners : M/s. P.Wesley Isaac For Respondent : Mrs. M. Lalitha, GA
O R D E R
Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondent to grant back wages and other monetary benefits and continuity of service from the date of suspension of the 1st petitioner from 04.09.2015 till the date of rejoining service on 29.04.2017 ad 2nd petitioner from 13.02.2010 till date of rejoining service on 01.05.2017 and pass orders on petitioners' representation dated 18.02.2019 and pass orders.
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 petitioners were working as Assistants in the respondent Sangam. The 1st petitioner namely N.Ramamoorthy was suspended from service on 04.09.2015 and vide proceedings dated 05.01.2016, he was removed from service. Subsequently, reinstated into service on 29.04.2017. The 2nd petitioner namely N.Govindaraj was suspended from service on 13.02.2010 and vide proceedings dated 27.05.2010, he was removed from service. Subsequently, reinstated into service on 01.05.2017. After re-joining duty by the petitioners on 29.04.2017 and 01.05.2017 respectively, they were not given any back wages and other monetary benefits for the period of suspension, which they are entitled to. Therefore, the petitioners have given their separate representations to the respondents on 18.02.2019, since no action has been taken by the respondent till date, they filed the present writ petition.
4. Learned counsel appearing for the petitioners further submitted that it would suffice, if this Court issues direction to the respondent to consider and pass orders on the representation submitted by the petitioners dated 18.02.2019
5. Considering the limited request made by the learned counsel appearing for the petitioners, this Court hereby directs the respondent to consider the petitioners' representation dated 18.02.2019 after affording due opportunity to the petitioners 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. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar
To The Secretary, Thirupathur Sarvodaya Sangam, No. 87, Gandhi Road, Thirupathur, Vellore District.
Pethanoor, Namakkal.
+1cc to Mr.P.Wesley Isaac, Advocate Sr.94405 +1cc to the Government Pleader Sr.94601 W.P.No.32026 of 2019 and WMP.No.32274 of 2019 srg 05/12/2019