Madras High CourtWP(MD)/1701/2018dismissed

A.Selvaraj, v. The District Collector,

2018-01-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.1701 of 2018 and W.M.P.(MD.No.1801 of 2018 A.Selvaraj . .. Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Secretary, Agricultural Marketing Committee, Pudukottai.

3. The Supervisor, Agricultural Marketing Committee, Iluppur, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representations dated 29.12.2017 and 17.01.2018.

For Petitioner : Mr.M.Ramu

ORDER

Heard the learned counsel on either side.

2.The petitioner admittedly was working only as part time Watchman in the office of the third respondent. He seeks regularization. It is his contention that he is now not being permitted to join duty. He was given representations in this regard on 29.12.2017 and 17.01.2018.

3.Even according to the affidavit averments, the petitioner was appointed only on 08.09.2016. The Hon'ble Supreme Court in the decision reported in 2017 4 SCC 113 (State of Tamil Nadu Vs. https://hcservices.ecourts.gov.in/hcservices/

A.Singamuthu) has held that part time or casual employment is meant to serve exigencies of administration and continuance in such service for long period would not confer any right to regularization. In this case, the petitioner was appointed only on 08.09.2016. The petitioner is not in a position to cite any provision of law or scheme to enable this Court to issue appropriate direction to the respondents. When the petitioner has not made out any existence of legal right in him, the question of appointment will not arise.

4.The Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Secretary, Agricultural Marketing Committee, Pudukottai.

3. The Supervisor, Agricultural Marketing Committee, Iluppur, Pudukottai District.

+ 1 CC TO Mr.M.RAMU, ADVOCATE IN SR No. 45262 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 45209 TSG TE/SV-MMS/SAR-3 : 19/02/2018 : 2P/6C W.P.(MD) No.1701 of 2018 and W.M.P.(MD.No.1801 of 2018 30.01.2018 https://hcservices.ecourts.gov.in/hcservices/