Krishnan v. The Commissioner

W.P. (MD) No. 3342 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. (MD) No. 3342 of 2022 Krishnan ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to regularize the services of the petitioner in the post Ambulance Cleaner from the date of his initial appointment in the light of the H.10/76855/73, Corporation Office, Madurai on 07.05.1974 all service of time scale of pay and revised pay fixation to the petitioner representation given to the respondent on 07.02.2022.

For Petitioner : Mrs.D.Durga for Dr.K.Malathi.

For Respondent : Mr.S.Vinayak

O R D E R

The Writ of Mandamus is filed to direct the respondent to regularize the services of the writ petitioner in the post of Ambulance Cleaner from the date of his initial appointment on 07.05.1974 with all other benefits.

2.Interestingly, the petitioner filed the Writ Petition at the age of 71 years, after a lapse of 13 years from the date of retirement. The petitioner was appointed as Ambulance Cleaner from the year 1974 onwards. Even as per the petitioner, he was allowed to retire on 30.04.2009 and now after a lapse of about 13 years from the date of retirement, the petitioner has filed the present Writ Petition seeking regularization of his services along with all other benefits. Admittedly, the petitioner was not appointed as a regular employee. The petitioner was appointed as a Ambulance Cleaner in proceedings dated 07.05.1974 and his services were not regularised, while he was in service. Now after a lapse of so many years from the date of retirement, the claim of the writ petitioner for regularization cannot be considered.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. (MD) No. 3342 of 2022 3.Accordingly, this Writ Petition is dismissed on merits and also on the ground of latches. However, there shall be no order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Commissioner, Madurai Corporation, Madurai.

+1 CC to M/s.K.MALATHI, Advocate ( SR-9922[F] dated 04/03/2022 ) W.P. (MD) No. 3342 of 2022 02.03.2022 RS(21.03.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2