S.Prem Sankar v. The Secretary To The State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21928 of 2016 S.Prem Sankar ... Petitioner vs.

1)The Secretary to the State, Municipal Administration and Water Supply Department, Chennai.

2)The Commissioner, Madurai Corporation, Madurai.

3)The Deputy Commissioner, Madurai Corporation, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 11.07.2016 praying to regularise him as Technical Assistant on par with the similarly qualified and placed candidates within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.R.Gandhi For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R2 : Mr.M.Alagudevan For R1 & R3 : Speical Government Pleader

ORDER

This Writ of Mandamus has been filed, seeking for a direction to the 2nd respondent to consider the petitioner's representation dated 11.07.2016, submitted to regularise him as Technical Assistant, on par with similarly placed candidates, within the period that may be stipulated by this Court.

2.On 26.11.2008, the petitioner was appointed as unskilled worker on compassionate grounds, on the death of his father, Shanmuga Sundaram, who worked as an Electrician in the Madurai Corporation. The petitioner is a diploma holder in Electrical and Electronics and pursuing graduation in B.E at Anna University, after obtaining proper permission from the 2nd respondent. The petitioner completed his probationary period on 27.11.2009. As per the appointment order, he is in 7th rank in the seniority. https://hcservices.ecourts.gov.in/hcservices/

3.It is the grievance of the petitioner that when some of the employees, who are diploma holders and who were appointed on the same day along with the petitioner on compassionate grounds, were regularised, he alone was not considered for regularisation. Therefore, he made a representation to the 2nd respondent on 11.07.2016, seeking regularisation. As the said representation is not considered, this Writ Petition has been filed. 4.The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner dated 11.07.2016, will be considered by the 2nd respondent and appropriate orders will be passed in accordance with law. 5.Recording the above submission made by the learned Additional Government Pleader, the 2nd respondent is directed to consider the representation of the petitioner dated 11.07.2016, and to pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/ Assistant Registrar (CS-I) /TRUE COPY/ Sub Assistant Registrar To 1)The Secretary to the State, Municipal Administration and Water Supply Department, Chennai.

2)The Commissioner, Madurai Corporation, Madurai.

3)The Deputy Commissioner, Madurai Corporation, Madurai.

+1cc to M/S.Gandhi, Advocate, SR.No.69610 +1cc to M/S.T.S.Mohamed Mohidheen, SR.No.69906 +1cc to Special Government Pleader, SR.No.69610 W.P(MD)No.21928 of 2016 16.11.2016 nbi MK-SS3-SAR1/24.01.2017/2p/7c https://hcservices.ecourts.gov.in/hcservices/