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Madras High CourtWP(MD)/19210/2016disposed of

Tamil Nadu Civil Supplies v. The State Of Tamil Nadu

2016-10-06Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.19210 of 2016 Tamil Nadu Civil Supplies Corporation Ministerial Technical Loadman Union, Represented by the State President, V.Mariappan, No.4/520-1, Ezhilagam, Ganga Nagar, Parasuramanpatti, Madurai - 625 007.

: Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary, Corporation Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.

2. The State of Tamil Nadu, Represented by its Principal Secretary, Finance Department, Fort St. George, Chennai - 600 009.

3. The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai 600 010.

4. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai 600 010.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 22.04.2015 seeking to provide the earned leave and medical leave to the members of the petitioner's registered Trade Union in the cadres of Helper, Assistant Operator Grade-II, Assistant Store Keeper-Grade-II, Mill Operator/Welder cum Fitter/Electrician Grade-I and Boiler Operator, on par with the administrative staff within the time stipulated by this Court and pass such further orders.

For Petitioner : Mr.T.Lajapathi Roy For R-1 & R-2 : M/s.S.Bharathi Government Advocate For R-3 & R-4 : Mr.D.Mayarajan

O R D E R

The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 22.04.2015 seeking to provide the earned leave and medical leave to the members of the petitioner's registered Trade Union in the cadres of Helper, Assistant Operator Grade-II, Assistant Store Keeper-Grade-II, Mill Operator/Welder cum Fitter/Electrician Grade-I and Boiler Operator, on par with the administrative staff within a time frame.

2.Heard, Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and M/s.S.Bharathi, learned Government Advocate, appearing for the respondents 1 and 2 and Mr.D.Mayarajan, learned counsel appearing for the respondents 3 and 4.

3. M/s.S.Bharathi, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.D.Mayarajan takes notice for the respondents 3 and 4. By consent, the Writ petition itself is taken up for final disposal.

4.The learned counsel appearing on behalf of the petitioner submitted that it would suffice if the representation of the petitioner is considered, on merits and in accordance with law, within the time frame to be fixed by this Court. 5.Considering the limited prayer sought for by the petitioner, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 22.04.2015, conduct enquiry and after giving opportunity to the petitioner as well as the respondents, 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. No costs. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To

1. The Principal Secretary, State of Tamil Nadu, Corporation Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.

2. The Principal Secretary, State of Tamil Nadu, Represented by its Finance Department, Fort St. George, Chennai - 600 009.

3. The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai 600 010.

4. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai 600 010.

+1 cc to M/s.T.Lajapathi Roy, Advocate in SR.No.60097 +1 cc to M/s.D.Mayarajan, Advocate in SR.No.59647 +1 cc to The Special Government Pleader in SR.No.60563 pmu CSL/SS-2/08.11.2016: 3P/8C ORDER MADE IN W.P(MD)No.19210 of 2016 06.10.2016