High CourtsSingle Bench(2011) 09 MAD CK 0363

V.A. Logesh vs The Director of Town Panchayats Kuralagam, Chennai 108, The Assistant Director of Town Panchayat Salem Zone, Salem and The Executive Officer, Sankari Town Panchayat, Sankari, Salem District

Madras High Court · Decided on 26 September 2011

HON’BLE JUDGES
N. Kirubakaran, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 26871 of 2009 and M.P. No''s. 1 of 2009 and 1 of 2010

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Judgment

9 paragraphs · 435 words

Honourable Mr. Justice N. Kirubakaran

1.

The petitioner has come before this Court seeking a Mandamus, directing the respondents to regularise the services of the petitioner as Work Inspector, pursuant to the sanction of posts in G.O. Ms. No. 93 dated 28.05.1998.

2.

According to the petitioner, the petitioner is a Diploma Holder in Civil Engineering and joined as Technical Assistant in the year 2005 in Kanagapuram Town Panchayat and after a break, again the petitioner joined in April 2008 in the Sankari Town Panchayat and is still working.

3.

According to the petitioner, he is entitled to the benefits of G.O. Ms. No. 93 dated 28.05.1998 and similarly placed persons were favourably considered by the respondents by proceedings Na. Ka. No. 22943/2009 A2 dated 15.01.2011 and therefore, the case was recommended for absorption. The said fact is reflected in paragraph-7 of the order passed by the First Bench of this Court in Writ Appeal No. 1507 to 1516 of 2010 dated 15.03.2011.

4.

The learned counsel for the petitioner would submit that the petitioner would be satisfied if he is directed to give representation to the authority, the same is required to be disposed as in the case of similarly placed persons who are covered by order dated 15.03.2011 in W.A. Nos. 1507 to 1516 of 2010.

5.

Mr. Arumugam, the learned counsel appearing for the third respondent submits that the petitioner is not working and still, agreed for the proposal given by the petitioner that the petitioner''s intended representation would be considered by the first respondent.

6.

It is seen from the order passed by the First Bench in Writ Appeal Nos. 1507 to 1516 of 2010, the case of the similarly placed persons like petitioner was favourably considered by the first respondent herein by proceedings Na. Ka. No. 44943/09/A2, dated 15.01.2011 and recommended them to be considered for absorption, as though the petitioners, the petitioners therein already gave a representation.

7.

Therefore, the petitioner herein is at liberty to give a representation to the first respondent seeking absorption as per G.O. Ms. No. 93 dated 28.05.1998, within a period of three weeks from the date of receipt of a copy of this order. On such receipt of the said representation, the first respondent is directed to pass appropriate orders in the line of the proceedings Na. Ka. No. 44943/09/A2, dated 15.01.2011, provided the petitioner''s case also fits into that category, within a period of eight weeks thereafter.

8.

With the above direction, the writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.