V.Dhanapal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR V.Dhanapal ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 9.

2.The Director, Public Health and Preventive Medicine, Teynampet, Chennai 6.

3.The Director, Medical and Rural Health Services, Teynampet, Chennai 06 4.The Assistant Director, Public Health and Preventive Medicine, Meenakshinayakkan Patti, Dindigul.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent to dispose the proposal sent by the second respondent dated 12.04.2018 and bring the petitioner's service under time scale of pay with effect from 27.03.2018 and regularize his service by considering his representation dated 28.06.2019 with all consequences benefits, within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader 1/3

ORDER

This Writ Petition has been filed to direct the the first respondent to dispose the proposal sent by the second respondent dated 12.04.2018, bring the petitioner's service under time scale of pay with effect from 27.03.2018, and to regularize his service. 2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner would submit that with reference to the prayer sought for in this writ petition, the petitioner sent a representation to the respondents on 28.06.2019. But, no action has been taken till date. Hence, the petitioner is before this Court for the relief stated supra. 4.In reply, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation dated 28.06.2019, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, directs the first respondent to consider the representation of the petitioner, dated 28.06.2019, on merits and in accordance with law and pass appropriate orders, within a period of six months from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 9.

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2.The Director, Public Health and Preventive Medicine, Teynampet, Chennai 6.

3.The Director, Medical and Rural Health Services, Teynampet, Chennai 06 4.The Assistant Director, Public Health and Preventive Medicine, Meenakshinayakkan Patti, Dindigul.

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-80106[F] dt.06/08/2019 ) +1 CC to M/s.SPL GP ( SR-80282[F] dated 07/08/2019 ) W.P.(MD)No.17277 of 2019 06.08.2019 mm JMN(19.08.2019) 3P : 7C 3/3