M.Nandakumar, S/O.S.Mani v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.1553 of 2017 M.Nandakumar ... Petitioner Vs.

1.The Commissioner, M/s.Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Office of the Joint Commissioner, Trichy-16.

3.The Executive Officer, Arulmighu Venkatramana Swami Thirukkoil, Thanthondrimalai, Karur Taluk and District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the first respondent to appoint the Petitioner on time scale basis (Rs.520015900/2000) at the third respondent's temple by taking into consideration of the proposal letter sent by the second respondent to the first respondent vide Na.Ka.No.6906/2016/A2, dated 10.6.2016, on the basis of the Petitioner's representation dated 11.7.2016. For Petitioner :

M/s.L.Prabhu For Respondents :

Mr.K.P.Krishnadoss 1 and 2 Government Advocate For Respondent-3 : Mr.P.Athimoolapandian, Standing Counsel

O R D E R

This Writ Petition has been filed, seeking a direction to the first respondent to appoint the Petitioner on time scale basis (Rs.5200-15900/2000) at the third respondent's temple by taking into consideration of the proposal letter sent by the second respondent to the first respondent vide Na.Ka.No.6906/2016/A2, dated 10.6.2016, on the basis of the Petitioner's representation dated 11.7.2016.

2.Mr.K.P.Krishna Doss ,learned Government Advocate takes notice for the respondents 1 and 2 and Mr.P.Athimoolapandian, learned Standing Counsel takes notice for the third respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The case of the petitioner is that the Petitioner was employed as Driver in the third respondent's temple and he was permanently appointed in the said post w.e.f. 4.6.2011 on consolidated pay of Rs.4,500/-p.m. and has completed five years of service. Since the Petitioner's service was not regularized by the authorities concerned, the Petitioner has submitted a representation on 11.07.2016 and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4.It is also represented by the learned counsel for the Petitioner that the third respondent has recommended the case of the Petitioner and the same is now pending with the first and second respondents for consideration and has also submitted a representation afore-stated, for the same relief.

5. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

6.In view of the submission, the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 11.7.2016 and to pass appropriate orders on the same in accordance with law, within a period of two months from the date on which a copy of this order is made ready, preferably on or before 1.4.2017, if not already disposed of and if there is no other legal impediment to do so.

7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The Commissioner, M/s.Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Office of the Joint Commissioner, Trichy-16.

3.The Executive Officer, Arulmighu Venkatramana Swami Thirukkoil, Thanthondrimalai, Karur Taluk and District.

+1 cc to Mr.L.PRABHU, Advocate, Sr.No: 5186 +1cc to M/S Special Government Pleader, Sr No. 6007 VSN MAS/SV-MMS:14.02.2017:3P/6C W.P.(MD) No.1553 of 2017 01.02.2017