Muthukumar.S v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD) No.2492 of 2024 S.Muthukumar, S/o.Subramanian, Ponpethi North, Avudaiyarkovil Taluk, Pudukkottai District.
... Petitioner vs.
1.The Government of Tamil Nadu, rep by Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai 600 009.
2.The Director, Public Health and Preventive Medicine, Chennai 600 006.
3.The Deputy Director of Health Services, Aranthangi, Pudukkottai District.
4.The Block Medical Officer, Primary Health Centre, Ponpethi, Avudaiyarkovil Taluk, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the service of the petitioner as a driver on permanent basis in the light of the 1/6
order passed by this Court in WP (MD) No.32145 of 2019 within a time frame that may be stipulated by this Court.
For Petitioner :Mr.B.S.Meltiue For Respondents :Mr.P.Thambidurai Government Advocate
ORDER
This Writ Petition has been filed with the following prayer:- "directing the respondents to regularize the service of the petitioner as a driver on permanent basis in the light of the order passed by this Court in WP (MD) No.32145 of 2019 within a time frame that may be stipulated by this Court.""" 2.The facts of the case in a nutshell, led to filing of this Writ Petition and necessary for disposal of the same, are as follows:- The petitioner was appointed as Driver in the fourth respondent Primary Health Centre, vide proceedings of the third respondent, dated 27.06.2013. He has kept unblemished records of service and was not subjected to any disciplinary action in service. However, his service was not regularized so far. In this regard, the petitioner made several representations before the third respondent and a last representation was given on 20.02.2021, copy of which is enclosed in page No.32 of the paper book, but 2/6
no heed was paid by the third respondent nor the representation of the petitioner was considered. Thus, being no other alternative, the petitioner has filed the present Writ Petition seeking the relief as stated supra. 3.Heard Mr.B.S.Meltiue, learned counsel for the petitioner and Mr.P.Thambidurai, learned Government Advocate for the respondents. 4.The learned counsel for the petitioner, while reiterating the averments made in the affidavit filed in support of this Writ Petition, submits that the claim and grievances of the petitioner has not been considered by the respondents, in spite of several representations and so far, no decision has been taken on the claim of the petitioner. Thus, he submits that the third respondent/the Deputy Director of Health Services, Aranthangi, may be directed to decide the representation of the petitioner dated 20.02.2021 by way of a reasoned and speaking order in accordance with law within the time stipulated by this Court.
5.Mr.P.Thambidurai, learned Government Advocate for the respondents submits that if the petitioner has any grievance, he may file a fresh representation before the third respondent along with his grievances and claim and the same will be decided by the third respondent by way of a 3/6
reasoned and a speaking order in accordance with law within the time stipulated by this Court.
6.After considering the arguments advanced by the learned counsels for the parties and after perusing the records and averments made in the Writ Petition, this Court deems it appropriate that no useful purpose will be served in keeping this Writ Petition pending before this Court. 7.Accordingly, the petitioner is directed to file a fresh representation along with a copy of this order before the third respondent/the Deputy Director of Health Services, Aranthangi bringing his claim and grievances annexing a copy of the representation dated 20.02.2021, within a period of two weeks from today. If any such representation is filed by the petitioner before the third respondent within the time stipulated by this Court, the third respondent is directed to consider the same and pass a reasoned and a speaking order and in accordance with law, within a period of six weeks from the date of receipt of such representation and shall communicate the decision of the third respondent to the petitioner through Registered Post with Acknowledgement Due (RPAD) within a period of two weeks thereafter. 4/6
8.With the aforesaid directions, the Writ Petition is finally disposed of. No costs.
Index :Yes / No 24.06.2025 Internet :Yes / No NCC :Yes / No mm To 1.Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai 600 009.
2.The Director, Public Health and Preventive Medicine, Chennai 600 006.
3.The Deputy Director of Health Services, Aranthangi, Pudukkottai District.
4.The Block Medical Officer, Primary Health Centre, Ponpethi, Avudaiyarkovil Taluk, Pudukkottai District.
5/6
SHAMIM AHMED, J.
mm 24.06.2025 6/6