THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.4051 of 2021
ORDER:
This writ petition is being disposed of at the admission stage with the consent of both parties.
This writ petition is filed seeking the following relief: "..to issue a Writ, Order or Direction or more particularly one in the nature of Mandamus declaring the action of the respondents in non-providing the weightage marks to the Pharmacist post in pursuance of the notification No.4/2018 dated 25.01.2018 as providing the weightage marks to the similar situated persons as illegal, highly discriminatory, arbitrary, unjust, unfair, unlawful, unconstitutional, irrational, mockery, perverse and contrary to the law and Articles 14, 16, 19 and 21 of Constitution of India and against to the catena of judgments of an Apex Court and the Full Bench judgment of this Hon'ble Court in Writ Petition No.40157/2017 dated 18.09.2020 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
Heard learned counsel for the parties.
It has been contended by the petitioner that he is working as Pharmacist on contract basis in the respondents organization and the respondents have issued a notification dated 25.01.2018 for filling up the regular posts of Pharmacist. The grievance of the petitioner is that though he is working on contract basis, the respondents are not extending service weightage to him and, in those set of circumstances, he submitted a representation to the respondents on 07.01.2019 2 AKS,J W.P.No.4051_2021 requesting them to extend service weightage to him in terms of the orders passed by the Full Bench of this Court in W.P.No.40157 of 2017 and batch, dated 18.09.2020, but so far the respondents have not passed any orders on the said representation.
Therefore, counsel for the petitioner contended that appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 07.01.2019 and pass appropriate orders in accordance with law.
Government Pleader appearing for the respondents had contended that the petitioner is not working on contract basis, but he is working on outsource basis, as such, the petitioner is not entitled for service weightage. However, Government Pleader contended that since the petitioner's representation is pending with the respondents, the respondents would consider the same and pass appropriate orders in accordance with law.
This Court, having considered the rival submissions made by learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the 2nd respondent to consider the representation submitted by the petitioner on 07.01.2019 and pass appropriate orders, in accordance with law, within a reasonable period of time, preferably within eight weeks from the date of receipt of a copy of this order.
With the above observations, the writ petition is disposed of. No order as to costs.
3 AKS,J
W.P.No.4051_2021
Pending miscellaneous petitions, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J 22-02-2021 vv