Kumaresan.V v. The Additional Chief Secretary

W.P.(MD)No.19018 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.19018 of 2020 V.Kumaresan ... Petitioner Vs.

1. The Additional Chief Secretary, Tourism, Culture and Religious Endowments Department, Chennai-09.

2. The Commissioner, Hindu Regligious & Charitable Endowments Department, Chennai-34.

... Respondents PRAYER : This Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to declare the petitioner's probation and regularize his service from 28.12.2013 and disburse the annual increment from the year 2013-2020 with all monetary benefits and to place his name in the appropriate place in the seniority list and include in the promotion panel for the post of Deputy Commissioner of HR&CE Department by considering the petitioner's representation dated 21.08.2020. For Petitioner : Mr.Sathish.G.R For Respondents : Mr.K.P.Narayankumar Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of writ of mandamus to direct the respondents to declare his probation and regularize his service from 28.12.2013 and disburse the annual increment from the year 2013-2020 with all monetary benefits and to place his name in the appropriate place in the seniority list and include in the promotion panel for the post of Deputy Commissioner of HR&CE Department, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court. 3.The learned counsel appearing for the petitioner would submit that the petitioner has already made a representation on 21.08.2020 in this regard, which is said to be pending. If the said https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19018 of 2020 representation is directed to be disposed of within a stipulated time, the ends of justice could be secured.

4.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be disposed of on merits and in accordance within a time frame as fixed by this Court.

5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the respondents to consider the petitioner's representation, dated 21.08.2020, on its own merits and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in her representation and it is for the respondents to consider it in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 Additional Chief Secretary, Tourism, Culture and Religious Endowments Department, Chennai-09.

2. The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai-34.

+1cc to Mr.G.R.Satish, Advocate, SR.No.27142. W.P.[MD]No.19018 of 2020 23.12.2020 SR(CO) CS(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2