K.Senthil Kumar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND K.Senthil Kumar ... Petitioner Vs.

1. The Commissioner, Office of Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.

2. The Deputy Commissioner/Executive Officer, Sri Meenakshi Sundareswarar Temple, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to make the petitioner as a permanent employee in the second respondent temple in pursuance of the announcement made under Rule 110 of Tamilnadu Legislative Assembly on behalf of Hindu Religious and Charitable Endowments Department by considering the petitioner's representation dated 24.03.2025. 1/6

For Petitioner : Mr.S.Murugapandi For Respondent No.1 : Mr.P.Subbaraj Special Government Pleader For Respondent No.2 : Mr.V.R.Shanmuganathan Standing Counsel

O R D E R

Heard, the learned Counsel appearing for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent and Mr.V.R.Shanmuganathan, learned Standing Counsel appearing for the second respondent and carefully perused the materials available on record.

2. The case of the petitioner is that he has been working as Daily Wage Employee in the Sri Meenakshi Sundareswarar Temple, Madurai since 06.10.2015. As per announcement made by the Honourable Chief Minister of TamilNadu under Rule.110 of TamilNadu Legislative Assembly on behalf of Hindu Religious and Charitable Endowments Department that temporary employees working on daily wage/consolidated pay in the temples under the control of HR & CE Department for the last five years continuously will be made permanent and appropriate orders shall be issued to them. The petitioner submitted a representation to the second respondent on 08.07.2022 to appoint 2/6

him on permanent basis as he was working in the temple as temporary employee for the last five years. The said representation has been accepted by the second respondent and sent a recommendation to the first respondent. Till now, appropriate orders are not passed by the first respondent. Aggrieved by the same, the present writ petition has been filed.

3. The learned Standing Counsel appearing for the second respondent on instructions would submit that the second respondent sent a proposal to the first respondent for regularization of the petitioner and to appoint him on permanent basis in the second respondent temple. The said recommendation is pending with the first respondent, as and when they received orders from the first respondent, they will consider the request of the petitioner.

4. It appears that the second respondent temple sent a proposal to regularize the service of the petitioner and to appoint him on permanent basis vide proceedings dated 26.12.2022. Thereafter, the first respondent sought certain clarifications and the second respondent resubmitted the proposal with clarifications on 15.02.2024 and the same was pending with the first respondent.

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5. In view of the above factual position, in our considered view, it is appropriate and reasonable to direct the first respondent to consider the proposal sent by the second respondent to meet the interest of justice.

6. Accordingly, this writ petition is disposed of with the following directions:

i) The first respondent shall pass orders on the proposal sent by the second respondent on 26.12.2022 to regularize the services of the petitioner and to appoint him on permanent basis in the second respondent temple within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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To:

1. The Commissioner, Office of Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 034.

2. The Deputy Commissioner/Executive Officer, Sri Meenakshi Sundareswarar Temple, Madurai.

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BATTU DEVANAND , J.

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