Madras High Court
V.M.H.Nazeer Ahamed vs The Chief Engineer (Building) on 20 April, 2009
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 20-04-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.37623 of 2004 V.M.H.Nazeer Ahamed .. Petitioner. Versus 1. The Chief Engineer (Building) Building Division, Public Works Department, Chepauk, Chennai-5. 2.The Secretary to Government, Public Works Department, Government of Tamilnadu, Fort St. George, Chennai-600 009. 3. Superintending Engineer (Building) Public Works Department, Vellore. 4.S.Baskar .. Respondent. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, calling for the records in E1(2) 908/04, dated 12.8.2004, on the file of the first respondent and quash the same as illegal and direct the respondents to regularise the services of the petitioner in the 1st respondent department. For Petitioner : Mr.M.Veerantharan For Respondents : Mr.V.Viswanathan (AGP) (R1 to R3) O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.
2. This writ petition has been filed praying for a writ of certiorarified mandamus, challenging the proceedings of the first respondent, dated 12.8.2004, and for a direction to the respondents to regularise the services of the petitioner in the respondent Department.
3. It has been stated by the learned counsel appearing for the petitioner that he had submitted a representation, dated 26.5.2004, to the third respondent to initiate action against the fourth respondent for his misbehaviour with the petitioner, under the influence of alcohol. By the impugned proceedings, dated 12.8.2004, the request of the petitioner had been rejected.
4. Though the prayer sought for by the petitioner in the present writ petition is for a larger relief, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice if the impugned proceedings, dated 12.8.2004, is set aside and if the petitioner is permitted to make a representation to the concerned authorities, with regard to his request for regularisation in service, since he has been working in the respondent Department for the past eight years. He had also submitted that there is a Government Order in favour of the petitioner, according to which he may be considered for regularisation as a Jeep Driver in the respondent Department.
5. There is no appearance on behalf of the fourth respondent. However, the learned counsel appearing on behalf of the respondents 1 to 3 had submitted that the petitioner may be permitted to make a detailed representation to the concerned authorities, with regard to his regularisation in service and on such representation being submitted it would be disposed of on merits.
6. In view of the submissions made by the learned counsels appearing on either side, the petitioner is permitted to make a representation to the first respondent, with regard to his request for regularisation in service in the respondent Department, within a period of two weeks from today and on receipt of such representation, the first respondent is directed to pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks thereafter.
With the above directions, the writ petition stands disposed of. No costs.
csh To
1. The Chief Engineer (Building) Building Division, Public Works Department, Chepauk, Chennai-5.
2.The Secretary Public Works Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.
3. The Superintending Engineer (Building) Public Works Department, Vellore