A. Dominic v. The Prl.Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.22478 of 2019 A.Dominic ... Petitioner Vs.

1.The Principal Secretary, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai-600 009.

2.The Director, Social Welfare and Nutritious Meal Programme Department, Panagal Maaligai, Chennai-600 015.

3.The Child Development Project Officer, Killiyoor, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass final orders in respect to proceedings in Na.Ka.No.5930/nir.6(3)/2012 by considering the petitioner's representation dated 16.09.2019 within the time frame fixed by this Court.

For Petitioner : Mr.C.Prithiviraj For Respondents : Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader

ORDER

This writ petition is filed for a direction to the first respondent to pass final orders in the proceedings in Na.Ka.No.5930/nir.6(3)/2012 by considering the petitioner's representation dated 16.09.2019, within the time frame fixed by this Court.

2.Mr.C.M.Marichellaiah Prabhu, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he joined as sweeper on daily wage basis in the third respondent office on 08.07.1996. The Government issued G.O.Ms.No.385, Finance Department, dated 1/3

01.10.2010, stating that the persons, who are appointed as sweeper on daily wage basis, shall be regularized. In view of the Government Order, the petitioner has sent a representation to the first respondent on 04.07.2018. The first respondent did not pass any orders on the representation. The petitioner filed a writ petition in W.P(MD)No.18229 of 2018 before this Court. This Court, by order dated 21.08.2018, directed the respondents to consider the representation of the petitioner after giving opportunity to the petitioner. The second respondent has sent a proposal to the first respondent on 03.12.2018 for regularizing the petitioner in the special time scale of pay. The first respondent has not passed any final orders on the proposal sent by the second respondent. The petitioner again sent a representation to the respondents 1 & 2 on 16.09.2019, for regularisation of his service. The respondents 1 & 2 have not passed any orders on the representation. Hence, the petitioner has come out with the present writ petition.

4. Considering the contention of the learned counsel for the petitioner, it is suffice to direct the first respondent to consider the representation of the petitioner, dated 16.09.2019 in the light of the proposal submitted by the second respondent dated 03.12.2018 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) am To 1.The Principal Secretary, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai-600 009.

2.The Director, Social Welfare and Nutritious Meal Programme Department, Panagal Maaligai, Chennai-600 015.

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3.The Child Development Project Officer, Killiyoor, Kanyakumari District.

+1 CC to Mr.C.PRITHIVIRAJ, Advocate ( SR-93843[F] dated 23/10/2019 ) +1 CC to SPL GP ( SR-94236[F] dated 24/10/2019 ) W.P.(MD)No.22478 of 2019 23.10.2019 VB(29.11.2019) 3P 6C 3/3