BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01/12/2008 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P(MD)No.9436 of 2008 and M.P.(MD)No.1 of 2008 M.Sasikumar ... Petitioner Vs 1.The Commissioner of Municipal Administration, 6th Floor, "Ezhilagam" Chepauk, Chennai. 2.The Regional Director of Municipal Administration 3rd Floor, Aringnar Anna Maligai, Madurai 3.The Commissioner Melur Municipality Melur, Madurai District. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the case of the petitioner and absorb him in any one of the suitable posts in the 3rd respondent Municipality. !For Petitioner ... Mr.K.Jegannathan ^For Respondents... Mrs.V.Chellammal Special Government Pleader :ORDER
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The petitioner has been working in the third respondent Municipality as a
Technical Assistant for 10 years. On his request dated 03.08.2007, the third
respondent Municipality, by his proceedings in Na.Ka.No.136/08/C1 dated
24.01.2008, has recommended to the first respondent to absorb the petitioner as
Work Inspector. But, so far no order has been passed by the first respondent on
the same. At this juncture, the petitioner has come forward with this Writ
Petition seeking for a direction to the third respondent Municipality to absorb
him in any one of the suitable posts in the third respondent Municipality.
2. I have heard the learned counsel appearing for the petitioner and the
learned Special Government Pleader appearing for the respondents.
3. In my considered opinion, the prayer as such made in the Writ Petition
cannot be granted in favour of the petitioner, as, appointment to the post of
Work Inspector is to be made in accordance with Service Rules. If the
petitioner is to be absorbed as Work Inspector, the same could be done only by
relaxing the Rules. Such relaxation can be granted only by the Government and
not by the third respondent Municipality. Therefore, there is no question of
absorbing the petitioner as Work Inspector in the third respondent Municipality.
4. Having regard to all above, the Writ Petition is disposed of with the
following direction:
(i).The third respondent is directed to submit the above proposal in
Na.Ka.No.1822/07/C1 dated 06.08.2007 to the Government through respondents 1 and
2 seeking for relaxation of the Rules in favour of the petitioner.
(ii).On receiving the said proposal, the Government in turn is directed
to consider the same and pass appropriate orders strictly in accordance with law
and on merits within a period of four months from the date of receipt of a copy
of this order.
No costs. Consequently, connected M.P.is closed.
RR/NB
To
1.The Commissioner of Municipal Administration,
6th Floor, “Ezhilagam”
Chepauk,
Chennai.
2.The Regional Director of Municipal Administration
3rd Floor, Aringnar Anna Maligai,
Madurai
3.The Commissioner
Melur Municipality
Melur, Madurai District.