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Madras High CourtWP(MD)/12509/2018disposed of

S.Syed Hamid Ibrahim, v. The State Of Tamilnadu,

2018-06-12Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.12509 of 2018 S.Syed Hamid Ibrahim ... Petitioner -Vs1. The State of Tamil Nadu, Represented by its Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, St.George Fort, Chennai-600 009.

2. The State of Tamil Nadu, Represented by its Additional Secretary, Agriculture Department, St.George Fort, Chennai-600 009.

3. The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam, Chennai-35.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 24.11.2017 for regularization of the petitioner's service as Assistant Engineer w.e.f., 11.12.1991 instead of 16.07.1993 and revise the seniority with all attended monetary benefits in the light of the order dated 27.09.2010 made in W.P.(MD)No.3135 of 2006 and in the light of G.O.Ms.No.119, Agricultural Department dated 12.06.2013 within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Nawazkhan for M/S.AJMAL ASSOCIATES For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

ORDER

The prayer sought for in the writ petition is for a Writ of Mandamus, directing the first respondent to consider the

petitioner's representation dated 24.11.2017 for regularization of the petitioner's service as Assistant Engineer w.e.f., 11.12.1991 instead of 16.07.1993 and revise the seniority with all attended monetary benefits in the light of the order dated 27.09.2010 made in W.P.(MD)No.3135 of 2006 and in the light of G.O.Ms.No.119, Agricultural Department dated 12.06.2013 within the period that may be stipulated by this Court.

2.Heard Mr.A.Nawazkhan, learned counsel appearing for the petitioner, Mr.D.Muruganantham, learned Additional Government Pleader, who takes notice on behalf of the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 4.The learned counsel appearing for the petitioner would submit that, the petitioner was appointed as Assistant Engineer at the respondent Department, on 11.12.1991 on compassionate ground. Subsequently, at the time of consideration of regularization, his service, instead of regularizing from the date of joining service on 11.12.1991, was regularized on 16.07.1993. Therefore, in order to regularize his service from the date of original appointment and joining duty, he has given a representation to the respondents on 24.11.2017 and if the said representation is directed to be considered and an order to that effect is directed to be passed, within a time frame that may be stipulated by this Court, the petitioner would be satisfied.

5.I have heard the learned Additional Government Pleader, who would submit that the said representation of the petitioner dated 24.11.2017 would be considered by the respondents on merits and in accordance with law, within a time frame. 6.In view of the limited prayer sought for by the petitioner and considering the submissions made by the parties, this Writ Petition is disposed of with the following direction:- "that the third respondent is directed to consider the petitioner's representation dated 24.11.2017 on merits and in accordance with law and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order." No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar

To

1. The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Fort St.George, Chennai-600 009.

2. The Additional Secretary, Agriculture Department, Fort St.George, Chennai-600 009.

3. The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam, Chennai-35.

+1cc to M/S. AJMAL ASSOCIATES,Advocate Sr.No.68075 +1cc to SPECIAL GOVERNMENT PLEADER, Sr.No.67884 Myr/rmi MK/SB/SAR 4/27.06.2018/3P/6C W.P(MD)No.12509 of 2018 12.06.2018