1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.2996 of 2011 P.Nirmal Nesakumar : Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Assistant Director of Panchayats, Kanyakumari District, Collectorate, Nagercoil. 3.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District. 4.The President, Thoothoor Village Panchayat, Chinnathurai, Thoothoor Post - 629 176, Kanyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 04.02.2011 based on the recommendation made by the third respondent in letter Na.Ka.A8/1504/2004, dated 13.04.2010 and in letter A8/1504/2004, dated 11.06.2010 and pass orders within a stipulated time. For Petitioner : Mr.M.Saravanakumar For Respondents 1to3: Mr.V.Rajasekaran Special Government Pleader For Respondent No.4 : Mr.D.Gandhiraj Government Advocate O R D E R ********** Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of respondents 1 to 3. Mr.D.Gandhiraj, learned Government Advocate, takes notice on behalf of the fourth respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. I have heard Mr.M.Saravanakumar, learned counsel appearing for the petitioner, Mr.V.Rajasekaran, learned Special Government Pleader appearing for respondents 1 to 3 and Mr.D.Gandhiraj, learned Government Advocate appearing for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner has come up with the present Writ Petition for a Writ of Mandamus directing the respondents 1 and 2 to consider his representation dated 04.02.2011, based on the recommendation made by the third respondent in letter Na.Ka.A8/1504/2004, dated 13.04.2010 and in letter A8/1504/2004, dated 11.06.2010 and pass orders within a time stipulated by this Court. 4. The case of the petitioner is that he was initially appointed as Water Supply Attender in the fourth respondent Panchayat on 15.11.1984 in the regular time scale of pay and subsequently, his service was regularized on 10.11.1988 with effect from 15.11.1984. Later, he was promoted as a Bill Collector on 27.08.1997. While so, without conducting any enquiry and without issuing any charge memo, the then President of the fourth respondent issued a termination order dated 06.08.1999. The petitioner, therefore, filed an application before the Tamil Nadu Administrative Tribunal in O.A.No.3688 of 2002. The Tamil Nadu Administrative Tribunal has granted interim stay on 28.06.2002. In spite of the same, he was not permitted to join duty. Therefore, the petitioner filed a Writ Petition before this Court in W.P.No.3136 of 2004 with a prayer for Mandamus, directing the respondents to give effect to the orders passed by the Tamil Nadu Administrative Tribunal referred to above. 5. On abolition of the Tamil Nadu Administrative Tribunal, the matter was transferred to the High Court and re-numbered as W.P.No.8815 of 2006. The Writ Petition was allowed by an order dated 09.10.2007. The Writ Appeal filed against the said order was also dismissed. The petitioner filed a Contempt Petition in Contempt Petition No.474 of 2009 before the Division Bench for non-compliance of the order passed in the Writ Appeal. Thereafter only, the fourth respondent permitted him to join duty and he joined duty on 16.12.2009. But, however, the arrears of salary was not paid. Therefore, the petitioner made a representation to the respondents 1 to 3 and on receipt of the same, the third respondent directed the fourth respondent to disburse the salary to the petitioner from the Panchayat fund. But, till date, the arrears of pay and the revised scale of pay are not disbursed to him. Hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 6. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the first and second respondents to consider the representation of the petitioner dated 04.02.2011, based on the recommendation made by the third respondent dated 13.04.2010 and the letter dated 11.06.2010 and pass appropriate orders or take appropriate decision, within a period of eight weeks from the date of receipt of a copy of this order. 7. The Writ Petition stands ordered accordingly. No costs. sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Assistant Director of Panchayats, Kanyakumari District, Collectorate, Nagercoil. 3.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District. 4.The President, Thoothoor Village Panchayat, Chinnathurai, Thoothoor Post - 629 176, Kanyakumari District. + 1 cc to The Special Government Pleader, SR No.6701 Order made in W.P.(MD).No.2996 of 2011 Dated:- 15.03.2011 SML RJ/31.3.11 3p/6c https://hcservices.ecourts.gov.in/hcservices/