M.Muthaparanam, Cook, v. Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.17385 of 2016 M.Muthaparanam ... Petitioner -vs1.The Director, Adi Dravidar & Tribal Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to regularise the petitioner's suspension period as duty period and pay all service and monetary benefits in view of the order passed by this Court in W.P.(MD)No.21452/2015 dated 14.12.2015 and subsequent order passed by the 1st respondent vide his proceedings dated 25.01.2016 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mrs.S.Bharathi Government Advocate

O R D E R

This Writ petition has been filed seeking a direction to the second respondent to regularise the petitioner's suspension period as duty period and pay all service and monetary benefits in view of the order passed by this Court in W.P.(MD)No.21452/2015 dated 14.12.2015 and subsequent order passed by the first respondent vide his proceedings dated 25.01.2016 within the time limit that may be stipulated by this Court.

2.Heard the learned counsel for the petitioner and the learned Government Advocate who takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.This Court by the order dated 14.12.2015 directed the second respondent to pass orders on the proposal dated 15.06.2015 within a period of six weeks from the date of receipt of a copy of the order.

4.The petitioner has sought for regularisation of his suspension period as duty period and to pay all service and monetary benefits on the ground that he has already been exonerated from the charges. Based on the order passed by this Court on 14.12.2015, the first respondent has directed the District Adi Dravidar and Tribal Welfare Officer/second respondent herein to regularise the suspension period of the petitioner and to pay the wages. But no time limit has been fixed. But the fact remains that the proceedings issued by the first respondent is dated 25.01.2016. Even in the order passed by this Court only six weeks time has been granted to pass orders. It is not known under what circumstances, the recipient of the letter viz., the second respondent herein has not executed the orders passed by the first respondent.

5.Under such circumstances, the District Adi Dravidar and Tribal Welfare Officer/second respondent herein is directed to implement the order dated 25.01.2016 within a period of two weeks from the date of receipt of a copy of this order, and the failure to do would be treated as contempt of Court and further proceedings will be initiated against him.

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

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Director, Adi Dravidar & Tribal Welfare Department, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul.

+1 CC to Mr.G.THALAIMUTHARASU, Advocate, SR No.53028 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.52864 W.P(MD)No.17385 of 2016 15.09.2016 mj SH/SK-SKN:04.10.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/