IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.25622 of 2013 & M.P.No.1 of 2013
1. M.Kalyanasundaram
2. S.Sivakumar
3. G.Natarajan
4. B.Saravanan
5. S.Udayakumar
6. N.Mani
7. R.Kasinathan
8. S.Baskaran ...Petitioners Versus
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009.
2. The Commissioner of Municipal Administration, Chepauk, Chennai -5.
3. The Commissioner, Chidambaram Municipality, Chidambaram. .. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to appoint the petitioners in the sanctioned posts like Turn Cock, Turner etc. in the 3rd Respondent Municipality as ordered by the Government order issued in G.O.(4D).No.4, Municipal Administration and Water Supply (ME.1) Department dated 17.01.2013 passed by the 1st respondent.
For Petitioners : M/s.S.Ilamvaludhi For RR1 & 2 : Mr.K.J.Sivakumar, Spl. G.P.
For RR3 : Mr.V.Jayaprakash Narayanan, Spl. G.P.
O R D E R
The petitioner has filed this Writ Petition praying to direct the respondents to appoint the petitioners in the sanctioned posts like Turn Cock, Turner etc. in the 3rd Respondent Municipality, as ordered by the 1st respondent / Government in G.O.(4D).No.4, Municipal Administration and Water Supply (ME.1) Department, dated 17.01.2013.
2. The learned counsel appearing for the petitioners has submitted that he is not pressing to quash the impugned order passed by the 1st respondent in G.O.(4D).No.4, Municipal Administration and Water Supply (ME.1) Department dated 17.01.2013. The petitioners seek the Court to mould the relief and to grant liberty to the petitioner to make fresh representation to the 3rd respondent / the Commissioner of Municipality and also to direct the 3rd respondent to consider the same, in the light of the services rendered by the petitioners, under the 3rd respondent Municipality.
3. The learned Special Government Pleader appearing for the 3rd respondent has submitted that if the said representation is preferred, the 3rd respondent will consider the same, on merits and in accordance with law.
4. By considering the above submissions of the learned counsel for the parties and taking into account the limited scope prayed by the learned counsel for the petitioners, this court is inclined to grant liberty to the petitioners to make a fresh representation to the 3rd respondent, within a period two weeks from the date of receipt of a copy of this order and thereafter, the third respondent shall consider the said representation, on merits and in accordance with law, as expeditiously as possible pass appropriate orders, preferably within a period of twelve weeks, from the date of receipt of a copy of the said representation.
5. With the above observation and direction, the Writ Petition is disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed.
24.02.2017 Index: Yes/ No Internet:Yes/No pvs To
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009.
2. The Commissioner of Municipal Administration, Chepauk, Chennai -5.
3. The Commissioner, Chidambaram Municipality, Chidambaram.
D. KRISHNAKUMAR, J.,
pvs W.P.No.25622 of 2013 & M.P.No.1 of 2013 24.02.2017 http://www.judis.nic.in