U.Angayarkanni v. The Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD) No.2969 of 2020 U.Angayarkanni ... Petitioner Vs.
1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Commissioner, Madurai Corporation, Anna Maaligai, Madurai - 625 020.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to pass a confirmation order for this petitioner as Accounts Officer, in third respondent office pending from 03.02.2009.
For Petitioner : Mr.F.X.Eugene For Respondents : Mr.G.V.Vairam Santhosh - for R1 & R2 Additional Government Pleader Mr.K.K.Kannan - for R3
O R D E R
This Writ Petition has been filed to direct the second respondent to pass a confirmation order to the petitioner as Accounts Officer, in third respondent office pending from 03.02.2009.
2. The learned counsel for the Petitioner submitted that the petitioner initially joined as Attender in the third respondent Corporation on 11.10.1971 and thereafter, elevated to the post of Junior Assistant on
02.08.1973, further elevated as Assistant on 01.04.1994 and thereafter, promoted as Superintendent on 16.03.2006 and again promoted as Accounts Officer, as per Madurai Corporation Council's resolution No.695, dated 03.02.2009. However, till date, no confirmation order was passed. Hence, the present writ petition is filed.
3. The learned counsel for the petitioner further submitted that though the petitioner retired from service in the year 2012, if confirmation order is passed in the post of Accounts Officer, the petitioner may get notional benefits from the respondent Corporation and subsequently, the respondent Corporation forwarded the proposal to the second respondent on 17.06.2015 for approval. However, till date the second respondent has not passed any order. Hence, this Court may issue a direction to the second respondent to pass orders on the proposal forwarded by the third respondent, within a time frame.
4. The learned counsel for the third respondent and the learned Additional Government Pleader for the respondents 1 and 2 submitted that
the second respondent will pass appropriate orders based on the recommendation made by the third respondent, dated 17.06.2015.
5. Considering the facts and circumstances of the case, this Court directs the second respondent to pass appropriate orders on the recommendation made by the third respondent, dated 17.06.2015, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.12.2022 Index : Yes / No Internet : Yes / No RM
To
1. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Commissioner, Madurai Corporation, Anna Maaligai, Madurai - 625 020.
M.DHANDAPANI,J.
RM 06.12.2022