IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 16.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.42720 of 2006 R.Tamilchelvan ... Petitioner -Vs.- 1.The District Collector, Perambalur. 2.The District Backward Classes & Minorities Welfare Officer, Perambalur District, Perambalur. ... Respondents Original Application No.5987 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent in Na.Ka.Pa.1/400/97 dated 4.6.99 directing the respondents to give posting to the applicant in the post of Cook with effect from the date of original appointment (i.e.) 31.7.95 with all monetary and service benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.R.Singaravelan For respondent : Mr.S.Sivashanmugam Government Advocate. O R D E R Original Application No.5987 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent in Na.Ka.Pa.1/400/97 dated 4.6.99 directing the respondents to give posting to the applicant in the post of Cook with effect from the date of original appointment (i.e.) 31.7.95 with all monetary and service benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The petitioner working as an Assistant Cook in Most Backward Class Boy's Hostel, Udiyarpalayam was appointed on consolidated pay of Rs.100/- per month in the year 1995. He was https://hcservices.ecourts.gov.in/hcservices/ absent initially for four days and thereafter he did not report for more than seven months. He was treated as having abandoned the post. The department proceeded on that basis. The petitioner, however, gave an explanation stating that due to personal family reasons, he was absent for 4 days and did not join duty thereafter. In any event, his representation was rejected by the impugned proceedings stating that the Leave Rules are not applicable to the petitioner and that he has abandoned his post without proper intimation. 3. After a long period of time he filed the Original Application in the year 1999. There is no interim order in his favour. At this point of time, the relief sought for cannot be granted because there is no order appointing him on a regular basis. The petitioner on the other hand can make a representation within a month from the date of receipt of a copy of this order to the appropriate authority setting out the grievances for reappointment based on his earlier service rendered in the Most Backward Class Hostel. His request shall be considered on merits and in accordance with law within two months there after. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To 1.The District Collector, Perambalur. 2.The District Backward Classes & Minorities Welfare Officer, Perambalur District, Perambalur. 1 cc to Mr.R. Singaravelan, Advocate, SR. 10280 W.P.No.42720 of 2006 SA (CO) kk 4/3 https://hcservices.ecourts.gov.in/hcservices/