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Madras High CourtWP(MD)/21910/2021disposed of

Karthikeyan G.D. v. The Principal Secretary To Government

2022-02-03Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI G.D.Karthikeyan ... Petitioner -Vs1. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009 .

2. The District Collector, Pudukkottai District, Pudukkottai.

3. The Personal Assistant to Collector (Development), District Collectorate, Pudukkottai - 622 005.

4. The Assistant Director (Panchayats), District Collectorate, Pudukkottai - 622 205.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to forward the petitioner's application dated 04.08.2021 to the first respondent consequently direct the first respondent to consider and pass orders on the petitioner's application dated 04.08.2021 to regularise petitioner's service and declare petitioner's probation completed more particularly within a time frame.

For Petitioner : Mr.J.Pooventhera Rajan For Respondents : Mr.J.Ashok Additional Government Pleader

O R D E R

The relief sought for in the present Writ Petition is to direct the second respondent to forward the petitioner's application dated 04.08.2021 to the first respondent and direct the first respondent 1/3

to consider and pass orders on the petitioner's application dated 04.08.2021.

2. The brother of the writ petitioner was working as Junior Assistant in the first respondent Department and died on 05.12.2015, while he was in service. Considering the indigent circumstances of the family, the petitioner was appointed as Junior Assistant in the respondent Department under compassionate ground and he joined in service with effect from 14.12.2017 in Panchayat Union Office, Thirumayam. Now, the petitioner is working as Junior Assistant in the office Assistant Director (Panchayats), District Collectorate, Pudukkottai. On 18.03.2021, the petitioner has made a representation to the third respondent to regularise the service, but the same was not considered. Thereafter, he has made another representation dated 04.08.2021 before the second respondent to forward his proposal to the first respondent to regularize the service, however the same has not been considered. Hence, the petitioner is before this Court.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that it would suffice if the representation of the petitioner dated 04.08.2021 is directed to be disposed of, within a stipulated time limit.

4. In view of the limited scope of the relief sought for, this Court, without expressing anything on the merits of the case, directs the second respondent to forward the representation of the petitioner dated 04.08.2021 to the first respondent and the first respondent is directed to consider the petitioner's representation dated 04.08.2021 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vji 2/3

To

1. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009 .

2. The District Collector, Pudukkottai District, Pudukkottai.

3. The Personal Assistant to Collector (Development), District Collectorate, Pudukkottai - 622 005.

4. The Assistant Director (Panchayats), District Collectorate, Pudukkottai - 622 205.

03.02.2022 RD(18.04.2022) 3P 5C 3/3