A.Krishnan, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2015

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P.(MD) No.1865 of 2015 A.Krishnan ... Petitioner vs.

1.The State of Tamilnadu Rep. by its Secretary to Government Most Backward Classes and Denotified Communities Welfare Department Secretariat, Chennai.

2.The Commissioner Most Backward Classes and Minorities Welfare Department Chennai.

3.The Joint Director, Kallar Reclamation, Collectorate, Madurai.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to regularise the service of the petitioner from the date of initial appointment i.e. 14.07.1997 and grant all the service benefits viz. Declaration of completion of probation, sanction of annual periodical increments from 1998, treating the period from 01.12.2007 to 24.06.2008 as duty period and to disburse the pay and allowance for the said period and crediting of Earned leave and other leave benefits etc as per rules. For Petitioner :

Mr.A.Thirumurthy for M/s.Victory Associates For Respondents :

Mr. S.Kumar , Additional Government Pleader

O R D E R

Mr.S.Kumar, learned Additional Government Pleader, takes notice for the respondents.

2. By consent, the writ petition is taken up for final disposal.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner seeks for a mandamus directing the respondents to regularise the service from the date of initial appointment and grant all service benefits by treating the period from 01.12.2007 to 24.06.2008 as duty period.

4. It is seen that the petitioner before filing this writ petition has made two representations on 22.10.2013 and 09.04.2014 seeking for the very same benefit from the respondents. It is further stated by the learned counsel for the petitioner that those representations are still pending and not yet disposed of. When that being the factual position, I am of the view that the third respondent, who is the competent authority, has to consider the representation of the petitioner dated 09.04.2014 and pass orders on the same on merits and in accordance with law as at this stage, this Court cannot express any view on the merits and contentions raised by the petitioner.

5. Accordingly, this writ petition is disposed of only with a direction to the 3rd respondent to consider the representation of the petitioner dated 09.04.2014 and pass orders on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed. Sd/- Asssitant Regsitrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, The State of Tamilnadu Most Backward Classes and Denotified Communities Welfare Department Secretariat, Chennai.

2.The Commissioner Most Backward Classes and Minorities Welfare Department Chennai.

3.The Joint Director, Kallar Reclamation, Collectorate, Madurai-20.

+One cc to M/s.Victory Associates for Mr.A.Thirumurthy, Advocate, SR.No.6816 +One cc to The Special Government Pleader, SR.No.7329 RR RL/6 c- 24/2/2015 WP.(MD) No.1865 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 13.02.2015