K.Thiyagarajan, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.10105 of 2018 K.Thiyagarajan ... Petitioner Vs.

1) The Registrar, N.V.N.Malikai, Periyar High Road, Kilpauk, Chennai 600 010

2) The Joint Registrar, Pudukottai Region, Pudukottai District.

3) The Managing Director, Pudukottai Urban Co-operative Bank, Pudukottai.

4) The President, Pudukottai Urban Co-operative Bank, Pudukottai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking for direction directing the respondents to regularise the service as Appraiser with effect from the date of original appointment. For Petitioner : Mr.V.Pasumpon For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

O R D E R

The prayer sought for in this Writ Petition is to issue a Writ of Mandamus, seeking for direction directing the respondents to regularise the service as Appraiser with effect from the date of original appointment.

2. I have heard Mr.V.Pasumpon, learned counsel for the petitioner and Mr.D.Muruganantham, learned counsel appearing for the respondents.

3. According to the learned counsel appearing for the petitioner, the grievance of the petitioner is that, though he had been working as Appraiser for the past 16 years at the 3rd respondent Bank, his post is not regularised and therefore, in this regard, he made a request by representation dated 05.10.2017 to the first respondent, who is the Competent Authority to decide the said issue raised by the writ petitioner and pass order.

4. Therefore, the learned counsel appearing for the petitioner submitted that, if a direction is given to the respondents to consider his representation dated 05.10.2017, the petitioner would be satisfied.

5. Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents would submit that, the post of 'Appraiser' is engaged only on a commission basis and no permanent position has been created at the third respondent Bank for the post called 'Appraiser'. He also would submit that the petitioner's representation would be considered by the respondents and order to that effect shall be passed on merits and in accordance with law within the time frame fixed by this Court.

6. Considering the said submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is disposed of with the following direction: " that the first respondent is directed to consider the representation of the petitioner dated 05.10.2017 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order".

However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1) The Registrar, N.V.N.Malikai, Periyar High Road, Kilpauk, Chennai 600 010

2) The Joint Registrar, Pudukottai Region, Pudukottai District.

3) The Managing Director, Pudukottai Urban Co-operative Bank, Pudukottai.

4) The President, Pudukottai Urban Co-operative Bank, Pudukottai.

STS VB/SKN/RSK/SAR2/11.06.2018/3P/5C Order in W.P.(MD)No.10105 of 2018 28.04.2018