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Madras High CourtWP/719/2023disposed of

R.Easu v. The State Of Tamilnadu

2023-01-10Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

1. R. Easu,

2. E. Ramesh

3. C. Vinayagam

4. K. Babu ..

Petitioners vs.

1. The State of Tamil Nadu, Rep. by the Secretary, Public Works Departments, Fort. St. George, Chennai - 9.

2. The Chief Engineer (General) and Engineer in Chief W.R.O.

Chepauk, Chennai - 5.

3. The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 5.

4. The Executive Engineer, Public Work Department, Building Construction and Maintenance Division, Kancheepuram.

..

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to 1/5

consider the petitioners representation dated 06.11.2022 for regularising our service on and after completion of 10 years services on the basis, as per the G.O. (2D) No.29 PWD (C2) Department, dated 09.02.2016. For Petitioner :

Ms.S. Esairani Narasimman For Respondents :

Mr.R.U. Dinesh Rajkumar Additional Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader accepts notice for the respondents.

3. The petitioners are working in the Public Works Department and they claim that they were sponsored by the Employment Exchange. They claim that they have worked for more than ten years on daily wage basis. In terms of G.O. (2D) No.29 PWD (C2) Department, dated 09.02.2016, they seek for regularisation. The petitioners have given a joint representation on 06.11.2022 for regularising their services. Since the representation has not been considered, till date, they have filed this writ petition.

4. Heard Ms.S.Esairani Narasimman, learned counsel for the petitioners and Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader appearing for the respondents. 2/5

5. No prejudice would be caused to the respondents, if the petitioners' joint representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on merits and in accordance with law, on the petitioners' representation dated 06.11.2022 seeking for regularising their services, within a period of twelve weeks from the date of receipt of a copy of this order. Before passing the final orders, the 1st respondent shall give due consideration to G.O. (2D) No.29 PWD (C2) Department, dated 09.02.2016 and decide as to whether the said G.O. applies to the case of the petitioners or not.

7. With the aforesaid directions, this writ petition is disposed of. No costs.

10.01.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/5

To :

1. The State of Tamil Nadu, Rep. by the Secretary, Public Works Departments, Fort. St. George, Chennai - 9.

2. The Chief Engineer (General) and Engineer in Chief W.R.O.

Chepauk, Chennai - 5.

3. The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai - 5.

4. The Executive Engineer, Public Work Department, Building Construction and Maintenance Division, Kancheepuram.

4/5

ABDUL QUDDHOSE, J.

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