M.Krishnaswamy v. The Director Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.16127 of 2025 M.Krishnaswamy ... Petitioner -vs1. The Director of Municipal Administration, Directorate of Municipal Administration, Chennai.
2. The Joint Director (Corporation), Directorate of Municipal Administration, Chennai.
3. The Commissioner, Nagercoil City Municipal Corporation Office, 166, Balamore Road, Nagercoil, Kanyakumari District - 629 001.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to disburse the salary and all other monetary benefits including the arrears of salary and all other attendant benefits w.e.f. the date of regularization of the petitioner in the post of NMR (Permanent) Office Assistant / Turncock i.e., 28.06.1995 as per the proceedings of the 3rd respondent commissioner in Na.Ka. No.980/2005/E1 dated 29.09.2005.
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For Petitioner : Mr.T.Cibichakraborthy For Respondents : Mr.S.R.A.Ramachandhran (R1 & R2) Additional Government Pleader Mr.F.Deepak (R3)
ORDER
This writ petition has been filed seeking a direction to the 3rd respondent to disburse the salary and all other monetary benefits including the arrears of salary and all other attendant benefits w.e.f. the date of regularization of the petitioner in the post of NMR (Permanent) Office Assistant / Turncock i.e., 28.06.1995 as per the proceedings of the 3rd respondent commissioner in Na.Ka. No.980/2005/E1 dated 29.09.2005.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner was appointed on compassionate grounds under the third respondent in the year 1985 and his service as 'Turncock' was regularized only in the year 2005 w.e.f. 28.06.1995 (on completion of ten years of service). However, the benefits have not been disbursed to the petitioner by the third respondent. After so many litigations, the petitioner 2/4
made a final representation to the respondents dated 03.02.2025 and the said representation was considered by the second respondent directing the third respondent to send an action taken report. Even thereafter, no action was taken by the third respondent. Hence, this petition came to be filed.
4. Considering the facts and circumstances of this case, there shall be a direction to the third respondent to consider the case of the petitioner, on its own merits and pass appropriate orders in accordance with law, within a period of one month 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.
5. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 04.07.2025 NCC : Yes/No (2/2) Index : Yes / No sm 3/4
VIVEK KUMAR SINGH, J.
sm TO:-
1. The Director of Municipal Administration, Directorate of Municipal Administration, Chennai.
2. The Joint Director (Corporation), Directorate of Municipal Administration, Chennai.
3. The Commissioner, Nagercoil City Municipal Corporation Office, 166, Balamore Road, Nagercoil, Kanyakumari District - 629 001.
Order made in W.P.(MD)No.16127 of 2025 (2/2) Dated:
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