Jegadeesan.P v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Jegadeesan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.
3.The Executive Officer, Arulmighu Sundareswarar Swamy Thirukovil, Valamarakottai, Kodeeswaran Trust Office, Mela Veethi, Thanjavur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to get approval from the 1st respondent in pursuant to the 2nd respondent's proceedings bearing e.f.vz;.1722/2020-2/,1, dated 31.10.2020 and implement the same forthwith.
For Petitioner : Mr.N.Sudhagar Nagaraj 1/5
For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader For R3 : Mr.V.Chandrasekar
ORDER
The present writ petition has been filed for a Mandamus seeking a direction to the 3rd respondent to get approval from the 1st respondent in pursuant to the 2nd respondent's proceedings bearing e.f.vz;.1722/2020-2/,1, dated 31.10.2020 and implement the same.
2. The petitioner has been working continuously as Maniam under Sri Katthaiah Swamigal since 1986. After his Jeeva Samathi on 28.10.1996, he continued his work as Maniam in the said Ashramam which was later converted as Temple. The 3rd respondent Temple has been paying a meager salary of Rs. 600/- per month to the petitioner. The petitioner had sent a representation to the respondents 2 and 3 to regularize his service and increase his pay. On the basis of his representation, the 2nd respondent had sent an official letter, dated 22.06.2016 to the 1st respondent to regularize his service and increase his pay. However, the petitioner's service was not regularized. Hence, he filed W.P(MD)No.767 of 2020 before this Court, in which this Court was pleased to 2/5
pass an order on 20.01.2020 to consider the petitioner's representation and pass appropriate orders. Pursuant to the same, the 2nd respondent was pleased to direct the 3rd respondent to regularize the petitioner's service and grant arrears by order, dated 31.10.2020. However, the same was not implemented even after a lapse of 1 year. Hence, this writ petition came to be filed.
3. The learned counsel for the 3rd respondent submitted that the recommendation made by the 2nd respondent on 31.10.2020 is pending before the 1st respondent without final disposal.
4. Heard the learned counsels on either side and perused the material records.
5. Considering the fact that the case of the petitioner has already been recommended by the 2nd respondent as early as on 31.10.2020, the 1st respondent is hereby directed to approve the petitioner's regularization in his service in the post of Maniam in accordance with law within a period of eight
(8) weeks from the date of receipt of copy of this order. 3/5
6. With the said direction, this Writ Petition stands allowed. No costs. 19.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.
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L.VICTORIA GOWRI, J.
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