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Madras High CourtWP/46101/2025disposed of with direction

C.Senthilkumar v. The Commissioner

2025-12-01Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Senthilkumar ... Petitioner Vs.

1.The Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

2.The Joint Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

3.The Deputy Commissioner-I, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

4.The Assistant Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

5.The Assistant Commissioner, Civil Supplies and Consumer Protection, Tsunami Quarters, R.K.Nagar Zone, Chennai-600 081.

6.The Assistant Commissioner, Civil Supplies and Consumer Protection, T.Nagar Zone, Chennai-600 035.

....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to treat the compulsory waiting as duty period and disburse the arrears of salary amounting to Rs.2,07,657/- (Rupees Two Lakhs Seven Thousand Six Hundred and Fifty Seven only) with applicable interest for the said period. For Petitioner :

Mr.B.N.Sinega For Respondents : Mr.C.Selvaraj Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondents to treat the compulsory waiting as duty period and disburse the arrears of salary amounting to Rs.2,07,657/- (Rupees Two Lakhs Seven Thousand Six Hundred and Fifty Seven only) with applicable interest for the said period.

2. The case of the petitioner is that the petitioner was appointed as Typist in the respondents Tamil Nadu Civil Supplies and Consumer Protection in the year 2013 and his services were regularized on 18.05.2016. Based on certain allegations against him, the petitioner was issued with a compulsory relieving order by the fifth respondent on 12.02.2019. On 07.03.2019, the petitioner was reinstated into service. Another compulsory relieving order was passed against the petitioner on 06.07.2022. Again, he was reinstated into service on 13.10.2022. Another compulsory relieving order was passed by the sixth respondent on 22.01.2024 and he was reinstated into service on 27.02.2024. However, the power to issue relieving orders vests only with the Competent Authority (i.e.,) third respondent and not the fifth and sixth respondents.

He also states that no charge memo has been issued to the petitioner and no departmental enquiry has been pending against him. Therefore, the petitioner claims that the period of compulsory waiting shall be treated as duty in which he is entitled to full wages. In this regard, the petitioner has made a representation before the respondents on 29.10.2025, however, the same has not been considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. Though very may grounds have been raised in this writ petition, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that it would suffice, if the fifth respondent is directed to dispose of the representation of the petitioner, dated 29.10.2025 on merits and in accordance with law, within a specified period.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the fifth respondent to consider the representation of the petitioner, dated 29.10.2025 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

01.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

2.The Joint Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

3.The Deputy Commissioner-I, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

4.The Assistant Commissioner, Civil Supplies and Consumer Protection, 4th Floor, Ezhilagam, Chepauk, Chennai-600 005.

5.The Assistant Commissioner, Civil Supplies and Consumer Protection, Tsunami Quarters, R.K.Nagar Zone, Chennai-600 081.

6.The Assistant Commissioner, Civil Supplies and Consumer Protection, T.Nagar Zone, Chennai-600 035.

M.DHANDAPANI, J.

ssb 01.12.2025