Padivasal v. The Deputy Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16650 of 2024 and W.M.P(MD)No.14422 of 2024 Padivasal ... Petitioner Vs.
1. The Deputy Registrar, Department of Cooperation, Madurai District.
2. The Joint Registrar, Department of Co-Operation, Madakulam Main Road, Palanganatham, Madurai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 1st respondent in 1/6
Na.Ka.No. 3736/2021/ciku(2) dated 17.09.2021 and consequently direct the respondents to regularize his service by posting the petitioner as Packer / Weighter in the existing vacancies considering the petitioner's representation dated 20.05.2024.
For Petitioner : Mr.R.Balamuruganantham For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
The present writ petition has been filed seeking a Writ of Certiorarified Mandamus to quash the impugned proceedings dated 17.09.2021 of the 1st respondent and consequently direct the respondents to regularize his service by posting the petitioner as Packer / Weighter in the existing vacancies considering the petitioner's representation dated 20.05.2024.
2. Heard Mr.R.Balamuruganantham, learned counsel appearing for the petitioner and Mr.K.S.Selva Ganesan, learned Additional Government Pleader appearing for the respondents. 2/6
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Earlier the petitioner has been removed from service and the same was challenged by him before the Appellate Authority under Tamil Nadu Shops and Establishment Act, by virtue of the order dated 25.04.2024. The appropriate authority has passed an order setting aside the order of dismissal and direct the respondents to reinstate the petitioner into service and the above order was not complied. The petitioner also did not take any steps to enforce the above order. However, he has given a representation in the year 2021 to the first respondent to reinstate him into service. The said representation has been considered and impugned order has been passed on 17.09.2021. Since the petitioner has not filed any proceedings to implement the above order for nearly 15 years, it is observed in the impugned order that it is barred by limitation.
The petitioner has filed a writ petition in W.P(MD)No.1724 of 2021 claiming priority in appointment and the said writ petition is disposed of that the petitioner shall participate in the selection process and she get appointment only on merits.
petitioner is qualified as a Packer, his name has not been sponsored through Employment Exchange and hence, the petitioner does not give with any priority. The petitioner neither got selected in the selection process nor initiated any proceedings to implement the earlier order passed in the year 2004.
4. Under such circumstances, it is impractical for the petitioner to expect any order seeking for appointment. Since the petitioner has filed this writ petition, without merits I don't feel any order as sought for by the petitioner can be passed.
5. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6
To
1. The Deputy Registrar, Department of Cooperation, Madurai District.
2. The Joint Registrar, Department of Co-Operation, Madakulam Main Road, Palanganatham, Madurai.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.16650 of 2024 24.07.2024 6/6