Madras High CourtWP/380/2020disposed of

K.Kumar v. The Additional Chief Secretary Cum

2020-01-08Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.380 of 2020 1.K.Kumar 2.R.Shanmuganathan ... Petitioners Vs.

1.The Additional Chief Secretary cum Secretary to Government, Rural Development and Local Administrative Department, Fort St.George, Chennai.

2.The Director of Rural Development, Panagal Building, Saidapet, Chennai 15.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularise the services of the petitioners as Drivers pursuant to the forwarding of names of the petitioners herein, by the different Collectors and the proposals forwarded by the 2nd respondent to the 1st respondent vide his proceedings Na.Ka.No.27020/2014/F1 dated 18.12.2018. For Petitioners : Mr.V.Vijayashankar For Respondents : Mr.S.Suresh Kumar Government Advocate

O R D E R

The present Writ Petition has been filed seeking for the relief of regularization of services as Drivers.

2. The case of the petitioners is that the petitioners claim to be working as drivers at two different Collectorates for nearly 18 years. According to the petitioners, various Government Orders have been passed envisaging regular appointment for those who have put in 10 years of service. The petitioners claim that the relevant Collectorates where the petitioners are working as drivers, have forwarded the proposals as early as in the year 2012 to the Director of Rural Development, for regularization of services of the

petitioners. Thereafter, the second respondent by his proceedings dated 18.12.2018, has given detailed proposals to the first respondent recommending for the regularization of the petitioners. A careful reading of the proposals sent on 18.12.2018 shows that the second respondent has also answered to certain queries made by the first respondent. The grievance of the petitioners is that in spite of the proposals sent by the second respondent to the first respondent, the same has not been acted upon till date and the service of the petitioners have not been regularized. Therefore, the petitioners have approached this Court seeking for appropriate direction.

3. Heard Mr.V.Vijayashankar, learned counsel appearing for the petitioners and Mr.S.Suresh Kumar, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and also the fact that the second respondent has already forwarded a detailed proposal to the first respondent on 18.12.2018, recommending for regularization of the petitioners, there shall be a direction to the first respondent to take up the proposal dated 18.12.2018 made by the second respondent and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar ssr To 1.The Additional Chief Secretary cum Secretary to Government, Rural Development and Local Administrative Department, Fort St.George, Chennai.

2.The Director of Rural Development, Panagal Building, Saidapet, Chennai 15.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Vijayashankar, Advocate SR.No.2371 +1cc to Government Pleader SR.No.2267 W.P.No.380 of 2020 AD(CO) GMY(23/01/2020)