K.Arjun v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.11020 of 2025 1.K.Arjun 2.M.Muthu Selvi 3.J.Arjun 4.P.Margiana 5.A.Jagathessan 6.I.Sathya 7.G.Maha Devi 8.P.Sankareshwari 9.R.Kariyamal 10.A.Karthikeyan 11.B.Mohamed Sherif 12.K.Amarjyothi 13.S.Lakshmi Narayanan 14.C.Pandiselvi 15.B.Kalidasan 16.M.Karthi 17.R.Packiaraj 18.M.S.Devakanna 19.R.Kuppuraj 20.J.Partheeban 21.B.Sakthivel 22.S.Prabakaran 23.M.Bhagavathi 24.V.Subiarun 25.K.Manjunath 26.N.Kannan 27.P.Saritha 28.K.Lakshmi 29.N.Nandhakumar 1/6

30.R.Silambarasan 31.T.Kulanthaivel 32.S.Sivakumar 33.V.Renugadevi 34.L.Jayvel Sakthi Vaishnavi 35.K.Mogana Priya 36.D.Kasthuri 37.S.Vijayalakshmi 38.T.Gayathri 39.S.Manjari 40.M.Mahendran 41.G.Arumuga Nainar 42.C.Rajasekhar 43.S.Prasath 44.G.Rajavel 45.K.Yuvaraj ... Petitioners -vs1. The State of Tamil Nadu, Rep by its Secretary to Government, Home, Prohibition and Exercise Department, Secretariat, St.George Fort, Chennai.

2. The Managing Director, TASMAC Limited, Egmore, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to regularize the petitioners' service in the cadre of Assistant Manager (Accounts) in the Tamil Nadu State Marketing Corporation Limited with effect from the date of initial appointment and confer all other consequential benefits and by considering the petitioners' representation dated 02.04.2025 within the period that may be stipulated by this Court.

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For Petitioners : Mr.H.Mohamed Imran For Respondents : Mr.K.Balasubramani (R1) Special Government Pleader Mr.H.Arumugam (R2)

ORDER

This writ petition has been filed seeking a direction to the the respondents to regularize the petitioners' service in the cadre of Assistant Manager (Accounts) in the Tamil Nadu State Marketing Corporation Limited with effect from the date of initial appointment and confer all other consequential benefits and by considering the petitioners' representation dated 02.04.2025 within the period that may be stipulated by this Court.

2. Heard the learned counsel on either side.

3.

The petitioners have been appointed as 'Assistant Manager' (Accounts) from the year 2009 to 2018. However, their services have not yet been regularized till date. Hence, the petitioners made a 3/6

representation dated 02.04.2025 to the respondents. Since the same has not been considered till date, the petitioners have filed the present Writ Petition seeking the aforesaid relief.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the representation made by the petitioners dated 02.04.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. 4/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 20.06.2025 NCC : Yes/No (2/2) Index : Yes / No sm TO:-

1. The Secretary to Government, Home, Prohibition and Exercise Department, Secretariat, St.George Fort, Chennai.

2. The Managing Director, TASMAC Limited, Egmore, Chennai.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.11020 of 2025 (2/2) Dated:

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