Madras High CourtWP(MD)/6803/2020disposed of

K.Subramanian v. The Govt Of Tamil Nadu

2020-12-03Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.6803 of 2020 K.Subramanian

...Petitioner

Vs 1.The Government of Tamilnadu, represented by its Secretary, The Social and Welfare and Nutritious Meal Programme Department, St.George Fort, Chennai 600 009.

2.The Director, Rural Development and Panchayat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razak Street, Saidapet, Chennai 600 015.

3.The District Collector, Pudukkottai District, Pudukkottai.

4.The Commissioner, Kuntrandar Kovil Panchayat Union, Pudukkottai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 24.04.2019 based on the recommendation of the 1st respondent in Letter No.7493/Sathi.1/2014 dated 10-08-2004 and on the recommendation of the 4th respondent in Na.Ka.No.Thi.2/817/2011 dated 21-06-2013. (Prayer has been amended vide order dated 19.06.2020) For Petitioner : Mr.R.Maheswaran For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

This Writ Petition is filed to direct the respondents to consider the petitioner's representation dated 24.04.2019, based on the recommendation of the 1st respondent in Letter No.7493/Sathi.1/2014, dated 10.08.2004 and the recommendation of the 1/3

4th respondent in Na.Ka.No.Thi.2/817/2011, dated 21.06.2013. 2.According to the petitioner, he was working as Noon Meal Organizer in Panchayat Union Middle School, Pallathupatti. Though the 4th respondent, by proceedings dated 14.07.1994, suspended the petitioner from service, till date no enquiry has been conducted as against the petitioner and no charge memo has also been issued to the petitioner.

3.It is the grievance of the petitioner now that though the respondents 1 and 4, by proceedings dated 10.08.2004 and 21.06.2013, have recommended the respondents 2 and 3 to reinstate the petitioner into service, so far no action has been taken, for which, the petitioner has made representations dated 11.10.2015, 24.04.2019 and 16.07.2019 to the respondents 1 and 3 and the same is still pending without any progress.

4.In reply, Mr.M.Rajarajan, learned Government Advocate appearing for the respondents would fairly submit that the petitioner's representations dated 11.10.2015, 24.04.2019 and 16.07.2019 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.Recording the submission made by the learned Government Advocate appearing for the respondents and in view of the present pandemic situations, this Court is inclined to pass the following directions:- the 3rd respondent is directed to consider the petitioner's representations dated 11.10.2015, 24.04.2019 and 16.07.2019 and pass appropriate orders, in the light of the recommendations made by the respondents 1 and 4 in Letter No.7493/Sathi.1/2014 and Na.Ka.No.Thi.2/817/2011, dated 10.08.2004 and 21.06.2013 respectively, within a period of eight weeks from the date of receipt of a copy of this order;

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary, The Social and Welfare and Nutritious Meal Programme Department, St.George Fort, Chennai 600 009.

2.The Director, Rural Development and Panchayat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razak Street, Saidapet, Chennai 600 015.

3.The District Collector, Pudukkottai District, Pudukkottai.

4.The Commissioner, Kuntrandar Kovil Panchayat Union, Pudukkottai District.

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-24000[F] dated 04/12/2020 ) +1 CC to M/s.M.RAJARAJAN, Advocate ( SR-24514[F] dated 08/12/2020 ) W.P.(MD) No.6803 of 2020 03.12.2020 NA(CO) KK(16.12.2020) 3 P 7C 3/3