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B.Mothilal Rao vs The Secretary To Government

Madras High Court|23 January, 2017

JUDGMENT / ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr.S.Diwakar, learned Special Government Pleader accepts notice on behalf of the 2nd respondent. 2 The petitioner would state that he was appointed as Health Assistant on 11.09.1978 and promoted as Sanitary Inspector and retired from service on attaining the age of superannuation on30.11.1995 and according to the petitioner, he has rendered continuous, hard, sincere and blemishless service between 21.01.1959 and 30.11.1995. The petitioner would further state that he had also temporarily worked in the post of Drug Inspector between 29.01.1959 and 30.06.1976 and the details of which, have been given in paragraph No.3 of the affidavit and it is relevant to extract the same:- Working Station Appointment Order and date Designation Period National Filaria Control Unit, Vellore [N.A.District] Roc.No.662/1956 dated 29.01.1959 Drug Distributor 29.01.1959 to 30.10.1960 National Malaria Eradication Programme, Vellore Unit [N.A.District] Roc.No.3670/1959 dated 18.04.1960 Superior filed Worker 21.06.1960 to 01.12.1962 National Malaria Eradication Programme, Vellore Unit [N.A] Roc.No.8455/12 Sy.V.O./62 dated 20.11.1962 Surveillance Inspector 02.12.1962 to 16.06.1964 Panchayat Union Office, Walajapet, [N.A.] Roc.No.4947/65 dated 05.08.1965 Health Assistant 05.08.1965 to 17.07.1968 Panchayat Union Office, Anakkavur, {N.A.] Roc.No.A2/701/69 dated 15.02.1969 Health Assistant 16.02.1969 to 31.05.1969 Thiruvottiyur Municipality, Madras-19 Roc.No.381/A2/1-2 dt.09.02.1972 Health Assistant 09.02.1972 to 08.05.1972 Thiruvottiyur Municipality, Madras-19 Roc.No.381/A2/1-2 dated 31.05.1972 Health Assistant 01.06.1972 to 31.08.1972 Thiruvottiyur Municipality, Madras-19 Roc.NO.381/A2/1-2 dated 21.09.1972 Health Assistant 20.09.1972 to 21.12.1972 Thiruvottiyur Municipality, Madras-19 Roc.No.72H dated 27.10.1973 Health Assistant 30.01.1973 to 29.04.1973 Thiruvottiyur Municipality, Madras-19 Roc.No.7/73 dated 02.05.1973 Public Health Maistry 02.05.1973 to 22.07.1973 Thiruvottiyur Municipality, Madras-19 Roc.No.5137/73H dated 21.07.1973 Cholera Ordelier 23.07.1973 to 29.09.1973 Thiruvottiyur Municipality, Madras-19 Roc.No.381/73H dated 24.10.1973 Health Assistant 26.10.1973 to 25.01.1974 Thiruvottiyur Municipality, Madras-19 Roc.No.381/73H dated 24.01.1974 Health Assistant 06.05.1974 to 21.05.1974 Thiruvottiyur Municipality, Madras-19 Roc.No.7/74H dated 29.05.1974 Health Assistant 01.06.1974 to 30.06.1974 Thiruvottiyur Municipality, Madras-19 Roc.No.6486/73H dated 29.08.1974 Health Assistant 02.09.1974 to 28.11.1974 Thiruvottiyur Municipality, Madras-19 Roc.No.1446/75H dated 11.02.1975 Health Assistant 11.02.1975 to 09.03.1975 Thiruvottiyur Municipality, Madras-19 Roc.No.381/73H dated 24.01.1974 Health Assistant 06.05.1974 to 21.05.1974 Thiruvottiyur Municipality, Madras-19 Roc.No.6486/73H dated 09.04.1975 Health Assistant 10.04.1975 to 01.07.1976 Total Service As per High Court order in WP.No.22180/2009 dated 20.10.2009 Total Qualifying Service 30 years 6 months 8 days 3 It is the claim of the petitioner that the entire service rendered by him from 02.09.1974 to 30.12.1974 and 19.05.1975 to 30.06.1975 as Health Assistant, has been regularised and the age limit was also relaxed by means of an order in G.O.Ms.No.859, Health and Family Welfare Department dated 24.05.1978 and necessary entries have been made in the Service Register. The grievance expressed by the petitioner is that the entire service rendered by him, have not been taken into account for calculating the emoluments and in this regard, repeatedly, the petitioner has sent series of representations and last of such representation was submitted on 05.05.2016 and the Municipal Administration and Water Supply Department, Chennai-9, has forwarded the same to the Commissioner of Municipal Administration, vide letter dated 25.07.2016 and the said official, in turn, has sent a communication dated 07.10.2016 in Na.Ka.No.21275/2012/A1 to the 3rd respondent to take appropriate action and to inform the petitioner and however, the petitioner is yet to be favoured with any kind of response and therefore, he came forward to file the present writ petition.
4 Heard the submissions of the learned counsel for the petitioner ; Mr.K.Dhananjayan, learned Special Government Pleader appearing for the 1st respondent and Mr.S.Diwakar, learned Special Government Pleader appearing for the 2nd respondent.
5 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the 2nd respondent to act on the communication of the Commissioner of Municipal Administration, dated 07.10.2016 in Na.Ka.No.21275/2012/A1 as well as consider and dispose of the petitioner's representation dated 05.05.2016 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6 The writ petition stands disposed of with the above direction. No costs.
23.01.2017 Index : No Internet : Yes AP M.SATHYANARAYANAN, J., AP To
1.The Secretary to Government Finance [PC] Department, Fort St George, Chennai 600 009.
2.The Commissioner Villupuram Municipality Villupuram.
W.P.No.1592/2017 23.01.2017 http://www.judis.nic.in
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Title

B.Mothilal Rao vs The Secretary To Government

Court

Madras High Court

JudgmentDate
23 January, 2017