1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.13184 to 13189 of 2011 A.Selvaraj ..Petitioner in W.P.13184/2011 S.Kalaiselvan ..Petitioner in W.P.13185/2011 N.Kala ..Petitioner in W.P.13186/2011 Malarvizhi ..Petitioner in W.P.13187/2011 P.Ushakumari ..Petitioner in W.P.13188/2011 Mrs.Seethalakshmi ..Petitioner in W.P.13189/2011 Vs 1. The Agricultural Production Commissioner and Secretary to the Government of Tamil Nadu, Agricultural Department, Fort St.George, Chennai-9. 2. The Director of Horticulture and Plantation Crops, Agricultural Complex, 3rd Floor, Chepauk, Chennai. ..Respondents 1 & 2 in all WP's 3. The Deputy Director of Horticulture and Plantation crops, No.18, Mela Kanmai Street, J.D.A.Complex, Madurai. ..3rd Respondents in WP.13184, 13185 & 13187/2011 4. The Deputy Director of Horticulture and Plantation crops, Karur District. Karur. ..3rd respondent in WP.13186/2011 5. The Deputy Director of Horticulture and Plantation crops, Collectorate Complex, Tuticorin District. ..3rd respondent in WP.13188/2011 Prayer in W.P.Nos.13184, 13186, 13188 & 13189 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents, preferably the first respondent to consider the petitioner's representation dated 14.02.2009, having been submitted for revising the regularisation made on 28.01.2003 by the first respondent from the date of petitioner's original appointment on 23.09.1988, 22.09.1988, 29.06.1987, 29.06.1987 & 23.09.1988 resectively under 10(a)(i) of Tamil Nadu Subordinate Service Rules and not as on 06.12.1991 as fixed, forthwith on merits and in accordance with law, within a time frame specified by this Court. Prayer in WP.No.13187 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents, preferably the first respondent to consider the petitioner's representation dated 14.02.2009, having been https://hcservices.ecourts.gov.in/hcservices/ 2 submitted for revising the regularisation made on 28.01.2003 by the first respondent from the date of the petitioner's original appointment on 21.09.1988 under 10(a)(i) of Tamil Nadu Subordinate Service Rules and not as on 06.12.1991 as fixed, forthwith on merits. For Petitioner :M/s.S.PalaniVelayutham in all W.Ps' For Respondents :Ms.S.Bharathi in all W.ps' Government Advocate COMMON ORDER The petitioner/A.Selvaraj filed this Writ Petition in W.P.No.13184 of 2011, seeking a limited prayer to dispose of his pending representation, dated 14.02.2009, on the file of the first respondent at an early date. 2. The petitioner/A.Selvaraj is a decree-holder in B.Sc Horticulture. The Director of Horticulture and Plantation Crops, Chennai called for applications to fill up the post of Horticulture Officer through Employment Exchange in the year 1988. The petitioner responded to the said call and thereupon appeared for the interview before a Team of Experts and subsequently, on satisfaction of the petitioner's qualification, merit, aptitude and the performance in the interview, he was appointed as Horticulture Officer under Section 10(a)(i) of the Tamil Nadu Sub-ordinate Service Rules by respondents 1 and 2. 3. The petitioner has been working from 23.09.1988. In the meanwhile, in the year 1989, the second respondent conducted examination for the recruitment of Horticulture Officer. Several persons including the petitioner also participated in the said selection process. But, most of the appointees working from 1988 were not selected. Therefore, the first respondent passed G.O.Ms.No.431, Agriculture(AA5) Department, dated 13.07.1993, directing the Tamil Nadu Public Service Commission to conduct a special qualifying examination. Subsequently, the petitioner has also got through the said examination in the year 1995-1996. Therefore the respondents have to regularize the service of the petitioner. When the respondents passed an order of regularisation, it has been mentioned therein that the petitioner's service has been regularized w.e.f. 06.12.1991, but, but they failed to take into account the previous service rendered by the petitioner from 23.09.1988 to 06.12.1991. 4. Therefore, the petitioner has given a representation to the respondents 1 and 2 on 14.02.2009 to regularize the service by reckoning the earlier service. The said representation has not been disposed of till date by respondents 1 and 2. As a result, the petitioner has come to this Court with the present Writ Petition to dispose of the petitioner's representation, dated 14.02.2009. 5. Similarly, the petitioners in W.P(MD)Nos.13185 to 13189 of 2011, who are similarly placed, have come forward with Writ petitions, praying for the same relief. https://hcservices.ecourts.gov.in/hcservices/ 3 6. The learned Government Advocate has taken notice on behalf of the respondents and has prayed this Court to grant reasonable time to consider and dispose of the petitioners representation, since the petitioners representations are pending from 14.02.2009. 7. In view of the said submission, this Court directs the first respondent to consider and dispose of the petitioners representations, dated 14.02.2009, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 8. With the above direction, the Writ Petitions are disposed of. No costs. vsn Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To 1. The Agricultural Production Commissioner and Secretary to the Government of Tamil Nadu, Agricultural Department, Fort St.George, Chennai-9. 2. The Director of Horticulture and Plantation Crops, Agricultural Complex, 3rd Floor, Chepauk, Chennai. 3. The Deputy Director of Horticulture and Plantation crops, No.18, Mela Kanmai Street, J.D.A.Complex, Madurai. 4. The Deputy Director of Horticulture and Plantation crops, Karur District. Karur. 5. The Deputy Director of Horticulture and Plantation crops, Collectorate Complex, Tuticorin District. +1cc to Special Government Pleader, SR.No.40630. W.P(MD)Nos.13184 to 13189 of 2011 Dated:18.11.2011 3P/7C RPB : 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/