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Madras High CourtWP(MD)/8097/2016disposed of

B. Dhanabal v. The Principal Secretary To

2021-02-23Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Dhanabal .. Petitioner Vs 1.The Principal Secretary to Government of Tamilnadu, Department of Revenue, St.George Fort, Chennai.

2.The District Collector, Virudhunagar District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to grant monetary benefits to the petitioner from 01.01.2006 onwards on the basis of the petitioner's representation dated 14.03.2014.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.D.Muruganantham Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. The prayer sought for in the present writ petition is for a direction to the first respondent to grant monetary benefits to the petitioner from 01.01.2006 onwards on the basis of the petitioner's representation dated 14.03.2014.

2.The case of the petitioner is that the petitioner was appointed as watchman in the Taluk Office, Rajapalayam in the year 1991 on temporary basis and he was rendered 19 years of unblemished service. However, his service was regularized in the year 2014 vide G.O.Ms.No.35 Revenue (Service 8(2)) Department, dated 27.01.2014 and monetary benefits shall be given from the date of issue of the said Government Order, ie.,from 2014 onwards. At the same time, similarly placed persons' services were regularized from the date of their appointment and monetary benefits also given to them from the date of regularization. The only grievance of the petitioner is that the 1/3

petitioner is entitled for monetary benefits from 2006 onwards and his service ought to have been regularized from the date of appointment. In this regard, he sent a representation on 14.03.2014 to the first respondent, but till date his representation has not been considered by the first respondent. Hence, the petitioner approached this Court with the above said prayer.

3. The learned counsel for the petitioner would submit that it would be suffice if a direction is issued to the first respondent to consider the representation of the petitioner within a reasonable time as fixed by this Court.

4. Though the respondents filed counter, wherein it is stated that in the Government Order itself, it is specifically stated that the monetary benefit shall be given from the date of issue of Government Order ie., 27.01.2014., however, the learned Additional Government Pleader has no objection to consider the request made by the petitioner.

5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials.

6. Considering the limited request made by the petitioner and without going to the merits of the case, I am inclined to issue a direction to the first respondent to consider the representation of the petitioner within a stipulated time. Accordingly, the first respondent is directed to consider the representation of the petitioner and pass appropriate orders, within a period of twelve

(12) weeks from the date of receipt of a copy of this order, if there is no legal impediments to do so. The petitioner is directed to send a copy of the representation along with a copy of this order to the first respondent to enable him to take further action in this regard.

7. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for 2/3

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 Principal Secretary to Government of Tamilnadu, Department of Revenue, St.George Fort, Chennai-600 009.

2.The District Collector, Virudhunagar District.

+1 CC to Mr.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-6787[F] dated 23/02/2021 ) +1 CC to SPL GP ( SR-6972[F] dated 24/02/2021 ) W.P.(MD).No.8097 of 2016 23.02.2021 VB (17.03.2021) 3P 5C 3/3