N.Palanivel, v. Tamil Nadu Civil Supplies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.18404 of 2017 N.Palaivel .. Petitioner Vs.
1.Tamil Nadu Civil Supplies Corporation Ltd., rep by its Chairman-cum-Managing Director, No.12, Thambusamy Road, Chennai-600 010.
2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Cuddalore Region, Cuddalore Town.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of writ directing the Respondents to regularly promote the petitioner to the post of Watchman and pay the all the service and monetary benefits from the date of his joining the duties as Watchman as per the proceedings of the 2nd respondent in Na.Ka.No.E4/2049/2014 dt.19.06.2014.
For petitioner : M/s.K.Premkumar For Respondents : Mr.Chandranathan
ORDER
This Writ Petition has been filed for a direction to the respondent corporation to regularise his services on promotion in the post of Watchman along with all the service and monetary benefits from the date on which the petitioner had joined the duty as Watchman in the light of the proceedings dated 19.06.2014 of the 2nd respondent herein.
2. It is the case of the petitioner that he was initially appointed as a packer along with few others in the petitioner corporation at Cuddalore region on 01.10.2000. Pursuant to the representations submitted by the casual labourers who were absorbed as packers, their services were regularized extending the benefit of eligibility to the next level promotion in the light of the order dated 05.04.2007 passed by the 1st respondent. Subsequently, the petitioner was transferred to the post of Watchman in the Taluk Operation Godown, Cuddalore in the light of the order dated 19.06.2014 passed by the 2nd respondent. Since, the services of the petitioner were not regularized, even after completing three years of service
in the post of Watchman, the petitioner made a representation dated 01.10.2015 to the 2nd respondent requesting to regularise his services on promotion in the post of Watchman. However, till date, the said representation did not evoke any response. Hence, the present Writ Petition has been filed.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondent corporation to consider the petitioner's representation dated 01.12.2015 in the light of the order passed dated 05.04.2007 and pass appropriate orders within the time that may be stipulated by this Court.
4. Learned counsel appearing on behalf of the Respondent Corporation has no objection to the said order being passed.
5. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 01.12.2015 in the light of the
order dated 05.04.2007 which was passed by the 1st respondent and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.
6. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed.
28.07.2023 NHS Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order
To
1. The Chairman-cum-Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Chennai-600 010.
2. The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Cuddalore Region, Cuddalore Town.
M.DHANDAPANI, J.
NHS W.P.No.16950 of 2017 28.07.2023