Madras High CourtWP(MD)/9971/2017disposed of

Sampath Kumar v. The Executive Engineer

2017-05-25Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9971 of 2017 K.Sampath Kumar ... Petitioner Vs.

1.Executive Engineer, Public Works Department, Korapallam River Basin Division, Thoothukudi.

2.The Assistant Executive Engineer, Public Works Department, Korapallam River Basin Division, Thoothukudi.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to regularize his service as Nominal Muster Roll from the date of his initial appointment and revise the scale of pay with all monetary and attendant benefits applicable to the petitioner by considering his representation dated 19.10.2011.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.A.Muthu Karuppan, Additional Government Pleader.

O R D E R

The petitioner seeks for a Writ of Mandamus to direct the respondents to regularize his service as Nominal Muster Roll from the date of his initial appointment and revise the scale of pay with all monetary and attendant benefits applicable to the petitioner by considering his representation dated 19.10.2011.

2. The learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is directed to be disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

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4. In view of the limited prayer sought for by the petitioner, without going into the merits of the matter, the respondents are directed to consider the petitioner's representation, dated 19.10.2011 on merits and in accordance with law ( in the light of the order passed by this Court in W.P.Nos.6410 to 6412 of 2014, dated 28.04.2016) after providing an opportunity of personal hearing to the petitioner as well as the other parties concerned, if any, and pass appropriate orders within a period of four weeks, from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.Executive Engineer, Public Works Department, Korapallam River Basin Division, Thoothukudi.

2.The Assistant Executive Engineer, Public Works Department, Korapallam River Basin Division, Thoothukudi.

+1cc toMr.M.Jerin Mathew, Advocate Sr.No.57843 +1c to The Spl.Government pleader Sr.No.57940 ns/ls/vsa vb/mr/sar4/01.06.2017/2p/5c W.P.(MD)No.9971 of 2017 25.05.2017 https://hcservices.ecourts.gov.in/hcservices/