1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7865 of 2011 M.Vijayan ... Petitioner -Vs- 1. The Commissioner of Agriculture Chepauk,Chennai - 600 005 2. The Joint Director of Agriculture Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent namely the Commissioner of Agriculture, Chennai, to dispose of the proposals sent by the Joint Director of Agriculture, Sivagangai in his letter No.E-1/3717/09 dated 15.06.2010 on merits within a specified time. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R The petitioner is working as an Agriculture Officer in the office of the Assistant Director of Agriculture, Kannangudi, Sivagangai District. During October 1986, he applied leave for certain spells by enclosing necessary documents and alleging that he was on leave without prior permission, posting orders were not given for the period 01.09.1987 to 31.08.1993 for six years, though he made continuous representations, the same remained unanswered and therefore, the petitioner was constrained to file O.A.No. 4550 of 1993 before the Tamil Nadu Administrative Tribunal, Chennai and pursuant to the orders of the Tribunal, the petitioner was allowed to join the office of Joint Director of Agriculture, Nagapattinam, by dated 17.08.1993, and accordingly, he joined duty on 01.09.1993 as Farm Manager, State Seed Farm, Deevambalpattinam, Tiruvarur District. 2. It is the further case of the petitioner that for the alleged absence, disciplinary proceedings were initiated vide charge memo in No. A- 4/10464/90, dated 24.09.2004, of the Joint Director of Agriculture, Cuddalore, and that the petitioner was imposed with a penalty of stoppage of increment for three years with cumulative effect. The punishment was challenged before this Court in W.P.(MD).No. 8952 of 2009, by an order, dated 21.06.2011, and the same was set aside. 3. Even before quashing the above said punishment by this Court based on the representation of the petitioner, dated 20.04.2009, the Joint Director of Agriculture, Sivagangai, has sent a detailed proposal to the https://hcservices.ecourts.gov.in/hcservices/ 2 Commissioner of Agriculture, Chennai, the first respondent herein, for regularization of the period of absence along with service register and other documents. Though a detailed proposal dated 15.06.2010, has been sent, no orders have been passed by the Commissioner of Agriculture, Chennai, the first respondent herein, which necessitated the petitioner, to send a reminder on 09.11.2010. As the proposals are pending for more than one year, the petitioner has come forward with the present Writ Petition for a Mandamus contending inter alia that there is a failure on the part of the first respondent in discharging his duties and hence prayed for suitable orders. 4. Perusal of the material on record shows that disciplinary proceedings were initiated against the writ petitioner and consequently, a punishment of penalty of stoppage of increment for a period of three years with cumulative effect in G.O. (3-D) No.20 Agriculture (VA.NE 5) Department, dated 28.01.2009 was imposed. When the said penalty was challenged, with a consequential prayer to direct the requests therein, to decline his probation and sanction periodical increments, considering the rival contentions, this Court, by an order, dated 21.06.2011, has set aside the punishment. Material on record discloses that even before the setting aside of the punishment, vide letter No. .E-1/3717/09 dated 15.06.2010, the Joint Director of Agriculture, Sivagangai, has sent a proposal to the Commissioner of Agriculture, Chepauk, Chennai, the first respondent herein, seeking regularization of the period from 01.10.1986 to 31.08.1993. 5. Though the Commissioner and Secretary to the Government, Agriculture Department, Chennai and the Director of Agriculture, Chennai, are respondents in W.P.(MD).No. 8952 of 2009 and aware of the fact that the punishment imposed by the Government in G.O.(3-D) No. 20, Agriculture (VA.NE 5) Department, dated 28.01.2009, has been set aside, they are yet to pass final orders on the proposal, dated 15.06.2010, for regularising abovesaid period. 6. As the punishment has already been set aside in W.P.(MD).No. 8952 of 2009, to which the first respondent is a party, it is obligatory on his part to pass appropriate orders on the proposals, dated 15.06.2010 immediately. It is the grievance of the petitioner that though he joined duty on 13.06.1986 as an Agriculture Officer in the office of the Assistant Director of Agriculture, Kannangudi, Sivagangai District, his case for promotion to higher post has not been considered, so far, on account of the pendency of the proposals for regularizing the period stated supra. 7. Considering the grievance of the petitioner, Mr.S.Chandrasekar, learned Government Advocate is put on notice and heard. He submitted that the proposals sent by the Joint Director of Agriculture, Sivagangai, in his letter No.e-1/3717/09, dated 15.06.2010 would be disposed of within a time frame to be fixed by this Court. His submission is placed on record. 8. Considering the averments and the orders passed by this Court setting aside the punishment, the first respondent is directed to pass orders on the proposals, within a period of four weeks from the date of receipt of a copy of this order, taking note of the plight of the petitioner, who is stagnated in the post of Bill Collector, for a long time. The second respondent is further directed to send all the necessary documents, so as to enable the first respondent to comply with the directions, within time. https://hcservices.ecourts.gov.in/hcservices/ 3 9. With the above said directions, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) To 1. The Commissioner of Agriculture Chepauk Chennai - 600 005 2. The Joint Director of Agriculture Sivagangai +1. CC to the Special Government Pleader, Advocate, SR.No.23359 vsg W.P.(MD).No.7865 of 2011 15.07.2011 TR : 26.07.2011: 3p/4c https://hcservices.ecourts.gov.in/hcservices/