Madras High CourtWP(MD)/16012/2018disposed of

Siva v. The Managing Director,

2018-07-23Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM

THE HON'BLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD) No.16012 of 2018 Siva ... Petitioner -vs1. The Managing Director, Kumbakonam Division-IV, Kumbakonam, Thanjavur District.

2. The General Manager, Pudukottai Region, Pudukottai.

3. The Branch Manager, Pudukottai Region, Pattukottai Branch, Pattukottai, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 1 and 2 to regularize the petitioner's service with all monetary benefits from the date of appointment in pursuant to temporary appointment order dated 21.02.2015 of the second respondent vide his proceedings in jmNghf/Fk;g /GJ/ggp1/50251/15, on the basis of the petitioner's representation dated 27.06.2017. For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.D.Sivaraman for TNSTC ****

O R D E R

The prayer sought for in this Writ Petition is for a writ of Mandamus, directing the respondents 1 and 2 to regularize the petitioner's service with all monetary benefits from the date of appointment in pursuant to temporary appointment order dated 21.02.2015 of the second respondent vide his proceedings in jmNghf/Fk;g /GJ/ggp1/50251/15, on the basis of the petitioner's representation dated 27.06.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Conductor on daily wage basis on 17.01.2013. After some years, the services of the petitioner has been made as Temporary Conductor on daily wage basis by the second respondent vide his proceedings in jmNghf/Fk;g /GJ/ggp1/50251/15. However, he was not given any other benefits except, the daily wages. Therefore, the petitioner has given representation to the respondents on 27.06.2017, seeking to regularize his service.

4. The learned counsel appearing for the petitioner would submit that, if the said representation is directed to be considered by the respondents within a time frame, the petitioner would be satisfied.

5. I have heard the learned Standing counsel appearing for the respondents, who would submit that the representation of the petitioner dated 27.06.2017, would be considered on merits within a time frame.

6. Considering the limited scope of the prayer sought for in this Writ Petition, this Court is inclined to pass the following order:- "that the respondents are directed to consider the representation of the petitioner dated 27.06.2017, with regard to his grievance and decide 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."

7. With these directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Managing Director, Kumbakonam Division-IV, Kumbakonam, Thanjavur District.

2. The General Manager, Pudukottai Region, Pudukottai.

3. The Branch Manager, Pudukottai Region, Pattukottai Branch, Pattukottai, Thanjavur District.

+1cc to Mr.S.Deenadhayalan, Advocate Sr.No.74526 +1cc to Mr.D.Sivaraman, Advocate Sr.No.74452 TSG VB/KAK/SAR4/11.08.2018/3P/6C W.P.(MD)No.16012 of 2018 23.07.2018