Madras High CourtWP(MD)/18790/2016disposed of

Muthukumar v. The Director Of Town

2016-09-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.18790 of 2016 and WMP(MD)No.13585 of 2016 Muthukumar ... Petitioner -vs1.The Director of Town Panchayats, O/o. the Director of Town Panchayats, Kuralagam, Chennai - 108.

2.The Deputy Director of Town Panchayats, O/o. Deputy Director of Town Panchayats, Zonal Office, Tirunelveli.

3.The Executive Officer, O/o. the Executive Officer, Town Panchayat, Eral, Turicorin District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioner in the post of tractor driver in the office of the third respondent. For Petitioner : M/s.A.Rajini For Respondents : Mr.M.Alagadevan Special Government Pleader

O R D E R

This Writ petition has been filed seeking a direction to the respondents to regularize the service of the petitioner in the post of tractor driver in the office of the third respondent. 2.Heard the learned counsel for the petitioner and the learned Special Government Pleader who takes notice for the respondents. By consent, the writ petition itself is taken up for disposal at the stage of admission.

3.The petitioner is a driver, possessing a valid driving licence and he has been working in the office of the third respondent for the past ten years as a Tractor driver. But his service has not been regularized. The third respondent is now initiating the process of recruitment for the post of tractor https://hcservices.ecourts.gov.in/hcservices/

driver. The petitioner has given a representation dated 17.06.2015, seeking to regularize the service of the petitioner. Pending representation, as the recruitment process has been initiated, this Writ petition has been filed. 4.The learned counsel for the petitioner would submit that G.O.37 of (Town Panchayat Administration and Drinking Water Supply) dated 01.02.2011, provides scope for regularization of the service of the petitioner and despite, availability of Government Orders in favour of the petitioner, his request has not been considered.

5.The learned Special Government Pleader would submit that the respondents will consider the representation of the petitioner dated 17.06.2015 and pass orders within a period of six weeks. 6.Accordingly, the respondents are directed to consider the representation of the petitioner dated 17.06.2015 in the light of G.O.37 of (Town Panchayat Administration and Drinking Water Supply) dated 01.02.2011 and other available rules and regulations and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP(MD)No.13585 of 2016 is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Director of Town Panchayats, O/o. the Director of Town Panchayats, Kuralagam, Chennai - 108.

2.The Deputy Director of Town Panchayats, O/o. Deputy Director of Town Panchayats, Zonal Office, Tirunelveli.

3.The Executive Officer, O/o. the Executive Officer, Town Panchayat, Eral, Turicorin District.

+1 cc to The Special Government Pleader in SR.No. 57947 +1 cc to M/s.A.Rajini, Advocate in SR.No.58439 mj CSL/SKS-RR/19.10.2016: 2P/6C W.P(MD)No.18790 of 2016 and WMP(MD)No.13585 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 30.09.2016