Madras High CourtWP(MD)/4627/2019disposed of

S.Raghuvaran, v. The District Of Town Panchayat

2019-06-20Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.4627 of 2019 S.Raghuvaran .. Petitioner Vs.

1.The Director of Town Panchayat, Kurazhagam, Chennai - 108.

2.The District Collector, Ramanathapuram District.

3.The Assistant Director of Town Panchayat, Sivagangai Region, Sivagangai.

4.The Commissioner, Keelakarai Municipality, Ramanathapuram District.

5.The Executive Officer, Kamuthi Town Panchayat, Ramanathapuram District.

6.The Executive Officer, Ponnamaravathi Town Panchayat, Pudukottai District. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 4th and 5th respondents to regularise the suspension period intervening between 23.10.2002 and 30.07.2003 and also regularise the period while the petitioner was removed from service intervening between 24.03.2009 and 29.01.2018 as period spent on duty and pay arrears of salary with all attending benefits for the above period by considering the representation dated 04.04.2018 in the light of Rule 54 (b) of the Tamil Nadu Government Fundamental Rules.

For Petitioner: Mr.D.Sasikumar For R1 to R3 : Mr.M.Pandiarajan Additional Government Pleader For R4 : Mr.A.Kannan For R5 & R6 : Mr.M.Rajarajan for Mr.A.K.Baskarapandian

ORDER

According to the petitioner, he made a representation dated 04.04.2018 to the respondents, seeking to regularise the suspension period, intervening between 23.10.2002 and 30.07.2003 and also regularise the period of removal from service between 24.03.2009 and 29.01.2018 and to pay arrears of salary with all attendant benefits, in the light of Rule 54 (b) of the Tamil Nadu Government Fundamental Rules. Since the same has not been considered so far by the respondents, the petitioner is before this Court with the above stated relief.

2.The learned counsel appearing for the fifth respondent, based on the counter affidavit filed by the fifth respondent, submitted that the petitioner's representation is under process and the same will be considered on merits and orders will be passed within a time frame to be fixed by this Court. 3.Heard the learned counsel appearing on either side. 4.Considering the limited scope of the prayer, this Court without expressing any opinion on the merits of the matter, directs the fourth respondent to consider the petitioner's representation dated 04.04.2018 and pass appropriate orders on merits and in accordance with law as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. After passing orders by the fourth respondent, the same shall be communicated to the fifth respondent and after receipt of the same, the fifth respondent is directed to pass orders within a period of four weeks thereafter, based on the orders passed by the fourth respondent. 5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) mj To 1.The Director of Town Panchayat, Kurazhagam, Chennai - 108.

2.The District Collector, Ramanathapuram District.

3.The Assistant Director of Town Panchayat, Sivagangai Region, Sivagangai.

+1CC TO M/S.D.SASIKUMAR, ADVOCATE, SR.NO.70565 +1CC TO SEPECIAL GOVERNMENT PLEADER, SR.NO.70941 W.P(MD)No.4627 of 2019 20.06.2019 BUC(08.07.2019) 3P 6C