A.Sivanpillai v. The State Of Tamil Nadu
W.P(MD)No.2266 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.2266 of 2018 A.Sivanpillai ... Petitioner vs.
1.The State of Tamil Nadu represented by its Principal Secretary to Government, Municipal Administration Water Supply Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Director of Town Panchayat, Kuralagam, Chennai 600 108.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation submitted by the petitioner, dated 22.09.2016 and 30.10.2017, in the light of the orders passed in G.O.(2D)No.28 MAWS (TP-1) Department, dated 18.03.2014 and G.O.(2Pa) No.5 MAWS (TP-1) Department, dated 11.01.2017 and consequently appoint the petitioner in the post of Junior Assistant on notional basis from the date of initial appointment with consequential benefits along with monetary benefits within a time frame to be fixed by this Court. For Petitioner : Mr.F.Deepak for Mr.G.Sankaran For Respondents : Mr.K.S.Selvaganesan Standing counsel for the State
O R D E R
The petitioner has sought a Mandamus directing the State and the Director of Town Panchayat / R1 and R2 respectively, to consider his representation, dated 30.10.2017, duly received by the Principal Secretary to Government, Municipal Administration Water Supply Department, placing reliance on G.O.(2D)No.28 MAWS (TP-1) Department, dated 18.03.2014 and G.O.(2Pa) No.5 MAWS (TP-1) Department, dated 11.01.2017 and appoint him in the post of Junior Assistant on notional basis, from the date of initial appointment with consequential benefits including the monetary benefits.
2. A counter has been filed, wherein the claim of the petitioner as per prayer has been denied. However, Mr.K.S.Selvaganesan, learned Standing counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.2266 of 2018 respondents would submit that the representation will be duly considered and order passed thereon, within a period of eight weeks from today.
3. Though the representation has been addressed to R1, since the parties agree that R2 is the appropriate authority to dispose the same, let a copy of the same be supplied to R2 forthwith. R2 will hear the petitioner and pass orders within a period of eight weeks from date of uploading of this order in the official website of this Court, in accordance with law and taking note of all applicable Government Orders, Rules and Regulations.
4. This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Principal Secretary to Government, State of Tamil Nadu, Municipal Administration Water Supply Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Director of Town Panchayat, Kuralagam, Chennai 600 108.
+1 CC to M/s.F.DEEPAK, Advocate ( SR-33973[F] dated 10/11/2021 ) +1 CC to M/s.SPL.GP ( SR-33952[F] dated 10/11/2021 ) W.P.(MD)No.2266 of 2018 09.11.2021 RD/NS (22.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2