Madras High Court
D.Sahaya Antony Rubas vs The Director on 3 September, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. (MD)Nos.15768 and 15770 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) Nos.15768 of 2021
D.Sahaya Antony Rubas ... Petitioner
Vs.
1.The Director,
Milk Production and Dairy Development cum
Managing Director of Tamil Nadu Cooperative
Milk Producers Federation,
AAVIN Illam, TCMPF Ltd.,
3A, Pasumpon Muthuramalinga Thevar Salai,
Nandanam, Chennai.
2.The General Manager (AAVIN),
The Kanyakumari District Co-Operative
Milk Producers Union Ltd.,
Nagercoil,
Kanyakumari District. ... Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India seeking for issuance of a Writ of Mandamus, directing the respondent
to consider the petitioner's representation dated 12.06.2021 and to direct the
respondents to extend the job period of the petitioner in his job.
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https://www.mhc.tn.gov.in/judis/
W.P. (MD)Nos.15768 and 15770 of 2021
For Petitioner : Mr.G.V.Vairam Santhosh
For Respondents : Mr.S.Shanmugavel
ORDER
This petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 12.06.2021 and also to direct the respondents to extend the post of Field Executive of the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4.The petitioner was working in the second respondent Department as Field Executive for a period of one year i.e., from 17.12.2019 to 16.11.2020 on contract basis and after completion of the said period, the 2/6 https://www.mhc.tn.gov.in/judis/ W.P. (MD)Nos.15768 and 15770 of 2021 authorities assured him for extension of the job from time to time. But as of now, the respondents have not taken any steps to extend his job period as assured by them and trying to appoint some other person in the petitioner's post. In this regard, the petitioner sent a representation dated 12.06.2021, to the second respondent requesting to extend his job as Field Executive in respondent Department on contract basis. However, the said representation is still pending and no orders were passed till date. Therefore, the present Writ petition has been filed before this Court.
5.The learned counsel appearing for the respondents would submit that the petitioner was appointed on contract basis and he cannot claim any right for extension of job, however, the petitioner's representation would be duly considered and appropriate orders will be passed by the authority concerned in accordance with law.
6. Considering the submissions made by the learned counsel on either side and considering the limited prayer as sought by the petitioner, this Court, without expressing any opinion on merits, directs the second respondent to consider the petitioner's representation dated 12.06.2021 on 3/6 https://www.mhc.tn.gov.in/judis/ W.P. (MD)Nos.15768 and 15770 of 2021 merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
03.09.2021 Index : Yes/No Internet : Yes /No dn 4/6 https://www.mhc.tn.gov.in/judis/ W.P. (MD)Nos.15768 and 15770 of 2021 To
1.The Director, Milk Production and Dairy Development cum Managing Director of Tamil Nadu Cooperative Milk Producers Federation, AAVIN Illam, TCMPF Ltd., 3A, Pasumpon Muthuramalinga Thevar Salai, Nandanam, Chennai.
2.The General Manager (AAVIN), The Kanyakumari District Co-Operative Milk Producers Union Ltd., Nagercoil, Kanyakumari District.
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