Ravi.M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.16277 of 2022 M.Ravi ... Petitioner Vs.

1.The State of Tamil nadu, Rep. by Secretary to Government, The Public Works Department, Fort St.George, Chennai - 600 009.

2.The Engineer-in-Chief (Buildings), Chief Engineer (Buildings) Chennai Region and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to dispose of the appeal preferred by the petitioner dated 11.10.2017 and consequently direct the respondent No.1 to regularize petitioner's service in the post of Technical Assistant on completion of 10 years of service from the date of appointment and provide all other consequential benefits within a time stipulated by this Court.

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For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is working as Technical Assistant (NMR) in the office of the second respondent. He seeks regularization. It appears that his request was not accepted by the second respondent. Aggrieved by the same, the petitioner moved the first respondent. The petitioner wants this Court to direct the first respondent to speedily dispose of the said appeal. 3.I wanted to know if the petition mentioned appeal is a statutory appeal. In other words, I wanted the petitioner to cite the relevant provision of law under which the appeal has been filed. It appears that what has been filed is not a statutory appeal and the petitioner has only given a representation. In such an event, it is not for this Court to issue any positive direction or even a time bound direction. It is for the first respondent to take a call in the matter. Since the petitioner is working in the office of the second respondent and since he has 2/4

moved the first respondent, I would expect the first respondent to dispose of the petition mentioned appeal on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

20.09.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Secretary, The Public Works Department, Fort St.George, Chennai - 600 009.

2.The Engineer-in-Chief (Buildings), Chief Engineer (Buildings) Chennai Region and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

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G.R.SWAMINATHAN, J.

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