Muthukumar S v. The Mission Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.(MD) No.27068 of 2022 S.Muthukumar, S/o.Subramanian, Ponpethi North, Ponpethi Post, Avudaiyarkovil Taluk, Pudukkottai District.

... Petitioner vs.

1.The Mission Director, State Health Society, 359, Anna Salai, DMS Complex, Chennai 600 006.

2.The Director, Public Health and Preventive Medicine, Chennai 600 006.

3.The District Collector, Pudukkottai District, Pudukkottai.

4.The Deputy Director of Health Services, Aranthangi, Pudukkottai District.

5.The Block Medical Officer, Primary Health Centre, Ponpethi, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1, 2, 4 and 5 to pay 1/6

the petitioner salary with arrears and other monetary benefits from the year 2019 as approved by the 3rd respondent based on the petitioner representation on 19.07.2021 within a time frame fixed by this Court. For Petitioner :Mr.B.S.Meltiue For Respondents :Mr.P.Thambidurai Government Advocate

ORDER

This Writ Petition has been filed with the following prayer:- "directing the respondents 1, 2, 4 and 5 to pay the petitioner salary with arrears and other monetary benefits from the year 2019 as approved by the 3rd respondent based on the petitioner's representation dated 19.07.2021.""" 2.The facts of the case in a nutshell, led to filing of this Writ Petition and necessary for disposal of the same, are as follows:- The petitioner was appointed as Contractual Driver in the fifth respondent Primary Health Centre, fixing contractual payment of Rs.4,000/- per month, vide proceedings of the fourth respondent, dated 27.06.2013. Thereafter, the first respondent, vide order dated 29.07.2013, had ordered to pay the salary to the Drivers at the approved wage rate, for which the petitioner is entitled to. However, the fifth respondent failed to do so. In this regard, the petitioner made several representations before the fourth 2/6

respondent and a last representation was given on 20.02.2021, copy of which is enclosed in page No.32 of the paper book, but no heed was paid by the fourth respondent nor the representation of the petitioner was considered. Thus, being no other alternative, the petitioner has filed the present Writ Petition seeking the relief as stated supra.

3.Heard Mr.B.S.Meltiue, learned counsel for the petitioner and Mr.P.Thambidurai, learned Government Advocate for the respondents. 4.The learned counsel for the petitioner, while reiterating the averments made in the affidavit filed in support of this Writ Petition, submits that the claim and grievances of the petitioner has not been considered by the third respondent/the District Collector, Pudukkottai District, in spite of several representations and so far, no decision has been taken on the claim of the petitioner. Thus, he submits that the third respondent may be directed to decide the representation of the petitioner dated 20.02.2021 by way of a reasoned and speaking order in accordance with law within the time stipulated by this Court.

5.Mr.P.Thambidurai, learned Government Advocate for the respondents submits that if the petitioner has any grievance, he may file a fresh representation before the third respondent along with his grievances 3/6

and claim and the same will be decided by the third respondent by way of a reasoned and a speaking order in accordance with law within the time stipulated by this Court.

6.After considering the arguments advanced by the learned counsels for the parties and after perusing the records and averments made in the Writ Petition, this Court deems it appropriate that no useful purpose will be served in keeping this Writ Petition pending before this Court. 7.Accordingly, the petitioner is directed to file a fresh representation along with a copy of this order before the third respondent/the District Collector, Pudukkottai District, bringing his claim and grievances annexing a copy of the representation dated 20.02.2021, within a period of two weeks from today. If any such representation is filed by the petitioner before the third respondent within the time stipulated by this Court, the third respondent is directed to consider the same and pass a reasoned and a speaking order and in accordance with law, within a period of six weeks from the date of receipt of such representation and shall communicate the decision of the third respondent to the petitioner through Registered Post with Acknowledgement Due (RPAD) within a period of two weeks thereafter. 4/6

8.With the aforesaid directions, the Writ Petition is finally disposed of. No costs.

Index :Yes / No 24.06.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Mission Director, State Health Society, 359, Anna Salai, DMS Complex, Chennai 600 006.

2.The Director, Public Health and Preventive Medicine, Chennai 600 006.

3.The District Collector, Pudukkottai District, Pudukkottai.

4.The Deputy Director of Health Services, Aranthangi, Pudukkottai District.

5.The Block Medical Officer, Primary Health Centre, Ponpethi, Pudukkottai District.

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SHAMIM AHMED, J.

mm 24.06.2025 6/6