Madras High Court
R.Manivanan vs The Secretary To Government Of Tamil ... on 23 July, 2018
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2018
CORAM
THE HON'BLE Mr.JUSTICE R.SURESH KUMAR
W.P.(MD) No.16025 of 2018
R.Manivanan ... Petitioner
-vs-
1.The Secretary to Government of Tamil Nadu,
Home Department, Secretariat,
St.George Fort, Chennai-600 009.
2.The Director,
Department of Health and Welfare,
3rd Floor, DMS, Annex New Building,
259, Anna Salai, Thenampet,
Chennai-600 006.
3.The Director,
Emergency Management and Research Institute,
Health Visitors Training Institute,
DMS Campus, Anna Salai,
Thenampettai, Chennai-600 006.
4.The Regional Officer,
Tirunelveli Government Medical College Hospital,
Tirunelveli. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Mandamus, directing the respondents, to consider the
petitioner's representation dated on 24.05.2018.
For Petitioner : Mr.B.Vinoth Balan
For Respondents : Mr.D.Muruganantham
Additional Government Pleader
*****
http://www.judis.nic.in
2
ORDER
The prayer sought for in this Writ Petition is for a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.05.2018.
2. Heard Mr.B.Vinoth Balan, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader, appearing for the respondents.
3. The petitioner was appointed as Pilot (Driver) in EM-Operations Divisions of the third respondent Institution. Initially, the appointment was made as temporary for a period of one year and after completion of one year as probation, until an order is issued confirming his service, he shall be deemed to be a probationer. With such conditions, the order of appointment was given by the third respondent to the petitioner on 12.01.2009 and pursuant to which, he joined and has been continuously working for the past nine years. Though the petitioner has been serving for the past nine years in the third respondent Institution without any unblemished service record, still, he has been kept in probation and he has not been absorbed by the third respondent Institute. Therefore, in this regard, the petitioner has given a representation on 24.05.2018 and since http://www.judis.nic.in 3 the said representation has not been considered, the petitioner is before this court with the present Writ Petition.
4. In this regard, the learned counsel appearing for the petitioner would submit that, though the petitioner sought for an alternative employment in a Government Organization, since the present services of the petitioner is not confirmed, as he has been working as a temporary employee from the year 2009 onwards, now the petitioner is confined with his prayer that if the representation of the petitioner dated 24.05.2018 is directed to be considered by the third respondent for confirmation of service on merits within a time frame, the petitioner would be satisfied and he would be confined only with the said grievance of the petitioner.
5. I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, the said representation of the petitioner dated 24.05.2018 would be considered on merits and in accordance with law and an order to that effect would be passed by the third respondent within a time frame.
6. Considering the limited scope of the prayer sought for in this Writ Petition, this Court is inclined to pass the following order:-
http://www.judis.nic.in 4 “that the respondents especially, the third respondent is hereby, directed to consider the petitioner's representation dated 24.05.2018 with regard to the grievance of non-absorption of the petitioner for the past nine years, by taking the experience of the petitioner and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order.”
7. With this direction, the Writ Petition stands disposed of. No costs.
23.07.2018
Index : Yes/No
Internet : Yes/No
tsg
http://www.judis.nic.in
5
To
1.The Secretary to Government of Tamil Nadu, Home Department, Secretariat, St.George Fort, Chennai-600 009.
2.The Director, Department of Health and Welfare, 3rd Floor, DMS, Annex New Building, 259, Anna Salai, Thenampet, Chennai-600 006.
3.The Director, Emergency Management and Research Institute, Health Visitors Training Institute, DMS Campus, Anna Salai, Thenampettai, Chennai-600 006.
4.The Regional Officer, Tirunelveli Government Medical College Hospital, Tirunelveli.
http://www.judis.nic.in 6 R.SURESH KUMAR, J, tsg W.P.(MD)No.16025 of 2018 23.07.2018 http://www.judis.nic.in