IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.40006 of 2006 (O.A.No.6903 of 1999) T.Padithurai ..Petitioner -Vs.- The Commissioner, Tirumangalam Municipality, Tirumangalam, Madurai. ..Respondent Prayer: Original Application No.6903 of 1999 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondent to reinstate the applicant in service with all consequential benefits with effect from 07.10.1999. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : Mr.K.Thennan For Respondent : Mr.P.I.Thirumoorthy O R D E R Original Application No.6903 of 1999 was filed before the Tamil Nadu Administrative Tribunal praying to direct the respondent to reinstate the petitioner in service with all consequential benefits with effect from 07.10.1999. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.The petitioner while serving as NMR for maintenance of Street Lights in the respondent Municipality, he was ousted from service and was not given work. Therefore, the original application filed in the year 1999 for reinstatement. 3.Mr.P.I.Thirumoorthy, learned counsel for the respondent referring to the reply affidavit stated that on the crucial date i.e., on 1.10.1998, the petitioner was not employed. Therefore, the petitioner's claim could not be considered in terms of G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.5.1999. https://hcservices.ecourts.gov.in/hcservices/ 4.Learned counsel for the petitioner submitted that the petitioner should be given liberty to make a representation for considering his claim afresh if there is any vacancy and based on subsequent Government orders as may be applicable. The relief of reinstatement as prayed cannot be granted for the above stated reason and has been rightly denied. The petitioner is entitled to make a fresh representation as prayed for to the respondent and the same shall be considered and disposed of on its own merits within a period of three months from the date of receipt of such representation. This writ petition stands disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsm To The Commissioner, Tirumangalam Municipality, Tirumangalam, Madurai. W.P.No.40006 of 2006 RV (CO) GSK 10.03.2010. https://hcservices.ecourts.gov.in/hcservices/