C.Sathish Kumar, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2017

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR WP(MD) No.2682 of 2017 C.Satish Kumar .. Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary, Department Tourism and Culture, Chennai - 600 009.

2.The State of Tamil Nadu, Rep. by its Secretary, Department of Personnel and Administrative Reforms, Secretariat, Chennai - 600 009.

3.The Commissioner of Tourism, Department of Tourism, Tamil Nadu Tourism Complex, No.2, Walaja Road, Chennai -2 4.The Tourist Officer, Tourist Office, kodaikanal, Dindigul District.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider and dispose of petitioner's representations viz., 24.12.2015, 09.02.2016, 20.09.2016 and 24.11.2016 so as to regularize the service of the petitioner to the post of Assistant Tourist Officer Grade II and further to include the name of the petitioner in the promotional panel for the year 2017-2018 to the post of Tourist Officer in accordance with law within stipulated time.

For Petitioner :Mr.M.Sathiamoorthy For Respondents : Mr.M.Rajarajan Government Pleader

O R D E R

The prayer in the writ petition is for a writ of mandamus directing the respondents to consider and dispose of the representation of the petitioner's viz., 24.12.2015, 09.02.2016, 20.09.2016 and 24.11.2016 so as to regularize the service of the

petitioner to the post of Assistant Tourist Officer Grade II and further to include the name of the petitioner in the promotional panel for the year 2017-2018 to the post of Tourist Officer in accordance with law within a time stipulated by this Court.

2. Mr.M.Rajarajan, learned Government Pleader takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admissions stage.

3. The learned counsel for the petitioner would submit that regarding the grievance of the petitioner for regularisation of service, the petitioner has been continuously giving representations to the respondents especially 3rd and 4th respondents from 2015 onwards. Last such representation given through proper channel, dated 24.11.2016 has been forwarded by the fourth respondent on the same day to the third respondent for taking appropriate action. Inspite of the same having been forwarded to the third respondent for taking further decision, no orders have been passed so far. Therefore, the learned counsel for the petitioner would submit that, if a direction is given to the third respondent to decide the said representation of the petitioner as forwarded by the fourth respondent, the petitioner would be satisfied.

4.Heard both sides.

5.In view of the said submissions made by the learned counsel for the petitioner, this writ petition is disposed of with a direction to the third respondent to consider the petitioner's representations, dated 24.12.2015, 09.02.2016, 20.09.2016 and 24.11.2016 and especially the last representation dated 24.11.2016, which was forwarded by the fourth respondent to the third respondent through his proceedings, dated 24.11.2016 itself, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar PJL To 1.The Secretary, Department Tourism and Culture, Chennai - 600 009

2.The Secretary, Department of Personnel and Administrative Reforms, Secretariat, Chennai - 600 009.

3.The Commissioner of Tourism, Department of Tourism, Tamil Nadu Tourism Complex, No.2, Walaja Road, Chennai -2 +1CC to Mr.M.Sathiamoorthy, Advocate Sr.No.8748 GJM/CM/MSA/28.2.17-3p-5C W.P(MD). No.2682 of 2017 16.02.2017