Mangalakshmi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.01.2023 Coram:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.Mangalakshmi 2.Anjalakshmi 3.Pachaiammal 4.Mary 5.Lakshmi 6.Mayavan 7.Manickam 8.Chandra 9.Meera 10.Jeyakodi 11.Uma 12.Rani 13.Chandra 14.Muthulakshmi 15.Gundukanni ... Petitioners Vs.
1.The Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Salai, Kilpauk, Chennai - 600 010.
2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Cuddalore Region, Cuddalore.
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3.The Inspector of Labour, Cuddalore.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to implement the order of the third respondent dated 11.07.2012 as confirmed in W.A. Nos.252, 254, 255, 257, 259, 269 & 270 of 2019 and to regularise the services of the petitioners 1-10, 13, 16 and 17 from the year 2006 onwards and the services of the petitioners 11, 12, 14 & 15 from the year 2009 onwards with full back wages and all other consequential benefits with effect from 23.10.2009.
For Petitioners :
Mr.T.Sai Krishnan For Respondents :
Mr.C.Selvaraj, Standing Counsel for R1 and R2 TNCSC Mr.D.Ravichander, Special Government Pleader for R3
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to implement the order of the third 2/6
respondent dated 11.07.2012 as confirmed in W.A. Nos.252, 254, 255, 257, 259, 269 & 270 of 2019 and to regularise the services of the petitioners 1-10, 13, 16 and 17 from the year 2006 onwards and the services of the petitioners 11, 12, 14 & 15 from the year 2009 onwards with full back wages and all other consequential benefits with effect from 23.10.2009. 3.The grievance of the petitioners in this writ petition is that despite the order of the third respondent conferring permanent status on the petitioners having attained finality, till date the said order has not been implemented by the respondents 1 and 2 Tamil Nadu Civil Supplies Corporation Limited.
As against the order passed by the third respondent conferring permanent status on the petitioners, the respondents 1 and 2 Tamil Nadu Civil Supplies Corporation Limited filed a writ petition, which was dismissed. Thereafter, it was upheld by the Division Bench of this Court in a writ appeal and the same has not been disputed by the learned Standing Counsel appearing for the respondents 1 and 2 Tamil Nadu Civil Supplies Corporation Limited.
been implemented till date by the respondents 1 and 2 Tamil Nadu Civil Supplies Corporation Limited.
4.It is now brought to the notice of this Court by the learned Standing Counsel appearing for the respondents 1 and 2, on instructions that the conferment of permanent status on the petitioners, based on the order of the third respondent, will be placed before the Board of the Tamil Nadu Civil Supplies Corporation Limited for approval and in due course, the order of the third respondent conferring permanent status on the petitioners will be implemented.
5.Heard Mr.T.Sai Krishnan, learned counsel for the petitioner, Mr.C.Selvaraj, learned Standing Counsel, who accepted notice on behalf of the respondents 1 and 2 and Mr.D.Ravichander, learned Special Government Pleader, who accepted notice on behalf of the third respondent. 4/6
6.This Court is of the considered view that the period of three months would suffice for the respondents 1 and 2 Tamil Nadu Civil Supplies Corporation Limited to implement the order of the third respondent conferring permanent status on the petitioners. 7.For the aforesaid reasons, this writ petition is disposed of by directing the respondents 1 and 2 to implement the order dated 11.07.2012 passed by the third respondent conferring permanent status on the petitioners, within a period of three months from the date of receipt of a copy of this order. No costs.
09.01.2023 vga Index:Yes/No 5/6
ABDUL QUDDHOSE, J vga To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Salai, Kilpauk, Chennai - 600 010.
2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Cuddalore Region, Cuddalore.
3.The Inspector of Labour, Cuddalore.
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