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Madras High Court

S.Peththa Naicker vs The Director Of Town Panchayat on 8 October, 2021

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                              W.P(MD). No.18414 of 2021


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 08.10.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                             W.P.(MD) No.18414 of 2021


                     S.Peththa Naicker                                     ... Petitioner
                                                          Vs.
                     1.The Director of Town Panchayat,
                       Kuralagam,
                       Chennai.

                     2.The Assistant Director of Town Panchayat,
                       Dindigul,
                       Dindigul District.

                     3.The Executive Officer,
                       Palayam Town Panchayat,
                       Guziliamparai,
                       Dindigul District.                                  ... Respondents
                     PRAYER: Petition filed under Article 226 of the Constitution of India, for
                     issue of Writ of Mandamus, directing the Respondents to regularize the
                     Petitioner's service with effect from 18.04.1996 and to disburse all other
                     attendant service benefits accrued with effect from 18.04.1996 in the light
                     of the Petitioner's representation dated 25.01.2019 and pass such further or
                     other orders as this Court.

                                     For Petitioner  :     Mr.J.Ashok
                                     For Respondents :     Mr.A.K.Manikkam,
                                                           Standing Counsel for State.



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https://www.mhc.tn.gov.in/judis/
                                                                                  W.P(MD). No.18414 of 2021




                                                        ORDER

This Writ Petition is filed for the issuance of a Writ of Mandamus, directing the Respondents to regularize the Petitioner's service with effect from 18.04.1996 and to disburse all other attendant service benefits accrued with effect from 18.04.1996 in the light of the Petitioner's representation dated 25.01.2019 and pass orders.

2. The petitioner had made a representation to the respondents seeking for regularization of the petitioner's service with effect from 18.04.1996. According to the petitioner, he was appointed as Over Head Tank Operator (OHT) and his service was brought under regular time scale of pay by proceedings in Na.Ka.No.280/2006 dated 26.07.2006 and his period of service from 18.04.1996 was not taken into account, while regularizing his service.

3. The learned counsel for the petitioner made a request that it would be suffice to direct the third respondent to consider the petitioner's 2/5 https://www.mhc.tn.gov.in/judis/ W.P(MD). No.18414 of 2021 representation dated 25.01.2019 and pass appropriate orders.

4. This Court, without expressing any opinion on merits, is inclined to direct the third respondent to consider the petitioner's representation dated 25.01.2019 and pass appropriate orders on its own merits and in accordance with law as expeditiously as possible in the light of Government Orders within a period of 12 weeks from the date of receipt of a copy of this Court.

5. With the above directions, the Writ Petition is disposed of. No costs.

08.10.2021 Index : Yes/No Internet : Yes /No mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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https://www.mhc.tn.gov.in/judis/ W.P(MD). No.18414 of 2021 To

1.The Director of Town Panchayat, Kuralagam, Chennai.

2.The Assistant Director of Town Panchayat, Dindigul, Dindigul District.

3.The Executive Officer, Palayam Town Panchayat, Guziliamparai, Dindigul District.

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https://www.mhc.tn.gov.in/judis/ W.P(MD). No.18414 of 2021 D.KRISHNAKUMAR, J.

mnr W.P.(MD) No.18414 of 2021 08.10.2021 5/5 https://www.mhc.tn.gov.in/judis/