Madras High CourtWP/1610/2020disposed of

R.Ravi v. Principal Secretary To Government

2020-01-27Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.1610 of 2020 1.R.Ravi 2.A.Nagarajan 3.P.Gomathi 4.V.Kamala 5.C.Ayisha Bivi 6.N.Sumathi 7.M.Velauthayam 8.T.Vironika 9.V.Stella 10.P.Santhi 11.K.Elumalai 12.M.Balaji 13.R.Ramesh 14.M.Sundar 15.K.Vinoth Kumar 16.M.Lakshmipathi 17.K.Senthil Kumar 18.K.Bhuvaneswari 19.R.Penchalaiah 20.D.Krishnan 21.N.Venkateswaralu @ Venkateswaralu 22.P.Mohan 23.V.LAkshmanan @ lakshmaiah 24.P.Chinna 25.I.Manigandan 26.E.Venkatesulu 27.G.Murugan 28.P.Kotteswaran 29.A.Subbulammal 30.G.Deenammal 31.M.Senthil Kumar 32.V.Murugavel 33.P.Santhanam 34.P.Satheshkumar 35.M.Murali 36.S.Kumaran 37.S.Suresh 38.R.Shanmugam 39.V.Rajesh 40.P.Yobu 41.R.Baskaran

42. S.Elumalai

43. S.Damotharan

44. A.Mala Kondaiah

45. R.Samuel

46. K.Vetri

47. C.Narasimman

48. N.Prakasam

49. S.Selvam

50. D.Prathap

...Petitioners

Vs.

1.The Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George, Chennai 600 009.

2.The Commissioner, Rippon Building, Chennai 600 003.

3.The Zonal Officer, Greater Chennai Corporation 1, 2 & 3 Arcot Road, Zone XI , Valasaravakkam, Chennai 87 4.The Zonal Officer, Zone XII, New Street, Alandur, Chennai 600 016 5.The Zonal Officer, Zone XIV, Puzhuthivakkam, Chennai 600 091.

6.The Zonal Officer, Zone XV, No.120, Rajiv Gandhi Salai, Sholinganallur, Chennai 600 119 ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to extend the benefits of G.O.(2D) No.64, Municipal Administration and Water Supplies (MC3) Department dated 08.08.2019 and G.O.(2D) No.68, Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 by regularising the services of the petitioners on completion of 3 years of service from date of their original appointment with all consequential service and monetary benefits, within a time frame.

For Petitioner : M/s.G.Bala and Daisy For Respondents: Mrs.K.Parameswaran, Government Advocate for R1 M/s.Karthiga Ashok Standing Counsel for R4 to R6 Mr.N.Ramesh, Standing Counsel for R2 to R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to extend the benefit of G.O.2D.No.64, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O.2D.No.68, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019, by regularizing the service of the petitioners.

The case of the petitioners is that they have been continuously working on a full time basis for the last 7 to 13 years without any break. Similarly placed persons had approached this Court and filed WP No.17858 of 2014, seeking for regularization of their service. This writ petition was disposed of by issuing directions to the respondents to consider regularizing the service of the petitioners therein. This was confirmed in Appeal and further confirmed before the Hon'ble Supreme Court.

It is the case of the petitioners that pursuant to the orders passed by this Court, the 1st respondent has passed G.O.(2D) No.64, Municipal Administration and Water Supplies (MC3) Department dated 08.08.2019 and G.O.(2D) No.68, Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 and the services of those petitioners were regularized.

The petitioners had also made a representation to the respondents to treat them similarly and extend the benefit of regularization of service. The representation was given by the petitioners on 14.10.2019. Since, it was not considered and no orders were passed, the present writ petition has been filed before this Court, seeking for appropriate directions. 5.

It is also brought to the notice of this Court that a similar writ petition was filed in WP No.32999 of 2019 before this Court and this Court passed an order on 26.11.2019, directing the respondents to consider and dispose

of the representation given by the petitioners therein. 6.

Heard the learned counsel for the petitioners and the learned respective counsel appearing on behalf of the respondents.

Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to forward the representation made by the petitioners on 14.10.2019, along with all the service particulars to the 1st respondent, within a period of six weeks from the date of receipt of a copy of this order and the 1st respondent shall thereafter pass orders strictly in accordance with law and in accordance with above GOs, within a period of six weeks thereafter. The petitioners are directed to make a joint fresh representation to the 2nd respondent along with a copy of the representation dated 14.10.2019 and also a copy of this order. A copy of the said representation shall also be marked to the 1st respondent.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rka To 1.The Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George, Chennai 600 009.

2.The Commissioner, Rippon Building, Chennai 600 003.

3.The Zonal Officer, Greater Chennai Corporation 1, 2 & 3 Arcot Road, Zone XI , Valasaravakkam, Chennai 87 4.The Zonal Officer, Zone XII, New Street, Alandur, Chennai 600 016

5.The Zonal Officer, Zone XIV, Puzhuthivakkam, Chennai 600 091.

6.The Zonal Officer, Zone XV, No.120, Rajiv Gandhi Salai, Sholinganallur, Chennai 600 119.

+1cc to M/s.G.Bala & Daisy, Advocate SR.5675 W.P.No.1610 of 2020 RJI(CO) CB(20/02/2020) CB(04/03/2020)