M.Natarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M.Natarajan
...Petitioner
Vs 1.The District Collector, Office of the District Collector, Kallakurichi.
2.The Block Development Officer (Rural) Thirunavalur Panchayat Union, Thirunavalur, Ulundurpet.
3.The President, Aandikudi Panchayat Council, Ulundurpet Taluk.
4.The President, Kalathur Village, Ulundurpet Taluk.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 01.09.2024 and 16.09.2024 and to settle the petitioner's pending wages from the period of July 2023 till date (i.e.,) approximately 15 months for the services Page No:1/6
rendered by the petitioner in the 3rd respondent Panchayat and also to regularise his payment of the further services. For Petitioner : Mr.C.Iyyapparaj For Respondents : Mr.Yogesh Kannadasan for R1 Special Government Pleader Mr.C.Selvaraj for R2 to R4 Additional Government Pleader
ORDER
This writ petition has been filed to consider the petitioner's representation dated 01.09.2024 and 16.09.2024 and to settle the petitioner's pending wages from the period of July 2023 till date (i.e.,) approximately 15 months for the services rendered by the petitioner in the 3rd respondent Panchayat and also to regularise his payment of the further services.
2. The case of the petitioner is that he was initially appointed as Kalathur Village Reservoir Tank Operator by the Commissioner, Panchayat Union, Thirunavalur and he joined in the said post on 09.05.1994. Further, he has been in the service for the last 30 years and during his tenure, there has been no blemishes against him. At present, the petitioner was employed in the post of Upper Reservoir Tank Operator in Kalathur Village under Aandikudi Panchayat and his monthly salary is fixed at Rs.4480/- which was duly credited to his bank account Page No:2/6
every month till July 2023.
(ii). While so, he had stopped receiving his salary from the month of July 2023 for the reasons best known to them and it has been almost one and half year since he had received his salary. Further, he is regular to his job and have never failed to fulfil his duty. Therefore, the petitioner duly approached the 4th respondent several times as he is the authorised person to credit his salary but he did not take any appropriate steps for his request. Further, he duly made a representation before the 2nd respondent dated 09.11.2023 to conduct enquiry and to remit his salary. The 2nd respondent based on his representation conducted enquiry and stated that the petitioner had joined without any appointment order duly issued and the 2nd respondent further insisted for an proper enquiry and thereby to submit a report before 13.11.
2023, but no consideration was taken by the authorities. Therefore, he made a representation dated 01.09.2024 to the 1st and 2nd respondent to consider his situation and remit his salary unpaid for the past months and he also made a reminder representation dated 16.09.2024, but the same has not been considered by the respondents authorities till date. Hence, he filed the present writ petition.
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3. Learned counsel appearing for the respondents would submit that the representations of the petitioner will be considered by the respondents on its own merits and in accordance with law, within the time fixed by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 1st and 2nd respondents to consider the representations of the petitioner dated 01.09.2024 and 16.09.2024 and to settle his pending wages from the period of July 2023 till date (i.e.,) approximately 15 months for the services rendered by the petitioner in the 3rd respondent Panchayat and also to regularise his payment of the further services, in accordance with law. The said exercise shall be done within a period of eight(8) weeks from the date of receipt of copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The District Collector, Office of the District Collector, Kallakurichi.
2.The Block Development Officer (Rural) Thirunavalur Panchayat Union, Thirunavalur, Ulundurpet.
3.The President, Aandikudi Panchayat Council, Ulundurpet Taluk.
4.The President, Kalathur Village, Ulundurpet Taluk.
V.BHAVANI SUBBAROYAN,J.
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