Madras High CourtWP(MD)/7469/2020disposed of

A.Dharmarajan v. The State Of Tamil Nadu

2020-07-27Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR A.Dharmarajan ... Petitioner -Vs1.The State of Tamil Nadu, Rep., by its Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort St.George, Chennai.

2.The District Collector, Collectorate Campus, Madurai 625 020.

3.The District Backward Class, Most Backward Class and Minority Welfare Officer, Backward Class, Most Backward Class and Minority Welfare Department, Madurai-625 020.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to reinstatement in service as a Cook on the basis of the petitioner's representation dated 18.06.2020 within a time frame as fixed by this Court.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Prayer sought for herein is for a writ of Mandamus to direct the respondents to reinstate into service the petitioner as a Cook based on his representation, dated 18.06.2020 within time frame. 2.The petitioner was selected and appointed as Cook at the respondent department some time in the year 2013 by order of appointment dated 01.03.2013. Pursuant to the said order, the 1/6

petitioner joined as a Cook on 09.03.2013. However, due to his family issue, on 18.05.2013 he has given a request that he does not want to continue the job of Cook. Accordingly, he resigned and left.

3.After several years some time in 2017, he seems to have given a representation to the respondents to permit him to rejoin the job and in this regard, a communication has been made by the third respondent to the petitioner to appear before him on 23.10.2017 and accordingly, the petitioner claimed to have attended or appeared before the third respondent on 23.10.2017 and thereafter, no order has been passed. In this context, the petitioner has given a representation dated 18.06.2020 seeks indulgence of the respondents to reconsider his request and to give him job by reinstating him in the said post of Cook at the third respondent office. 4.Since the said representation has not been considered and no order has been passed pursuant to the 2017 proceedings, it is submitted by the learned counsel for the petitioner that, a suitable direction can be issued to the respondents to consider the said request and final order to that effect can be passed by the respondents.

5.I have heard Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents, who on instructions, would submit that, from 09.03.2013 to 18.05.2013 only the petitioner was working and thereafter, he resigned and left and according to him and as per the instructions of the respondents, subsequently he reported to have joined in TASMAC shop and after having worked there some time, now he sought for reappointment in the said post of Cook at the third respondent office and in this regard, even though some indulgence was shown in the year 2017 that was not fructified. Therefore, at the length of time of seven years, after he resigned the job, he cannot now seek reconsideration of the said decision and he cannot be reinstated now without any valid reason. 6.Taking note of the said submissions made by the learned counsel appearing for both sides, this Court is inclined to pass the following order:

that the respondents, especially, the second and third respondents are hereby directed to consider the representation of the petitioner, dated 18.06.2020 and, in this context, by taking into consideration of the earlier communication of the third respondent dated 06.10.2017 in Na.Ka.No.gpe2/43418/2017 pass orders thereon, as to whether the petitioner can be reemployed or not, on merits and in accordance with law and such order shall be passed within a period of eight(8) weeks from the date of receipt of a copy of this order.

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7.With the above directions, this Writ Petition is disposed of . No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 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 to the Government, State of Tamil Nadu, Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort St.George, Chennai.

2.The District Collector, Collectorate Campus, Madurai 625 020.

3.The District Backward Class, Most Backward Class and Minority Welfare Officer, Backward Class, Most Backward Class and Minority Welfare Department, Madurai-625 020.

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-13287 [F] dated 28/07/2020 ) 27.07.2020 rmk SDS (18.08.2020) 3P-5C 3/6