K.Matcha Gandhi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.1267 of 2020 K.Matcha Gandhi ... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Zone - XIII, Corporation of Chennai, Adyar, Chennai - 600 020.

3.The Secretary to Government, Municipal Administration And Water Supply Department, Fort. St.George, Chennai - 600 009.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondent to consider the petitioner's representation dated 28.08.2019 and directing the respondents to regularize the service of the petitioner from the date of appointment and pay all the consequential service and monetary benefits to the petitioner.

For Petitioner : Mr. N. Beulah John Selvaraj For Respondents : Mrs.Karthika Ashok, for R1 & R2 Standing Counsel Mrs.K.Bhuvanaswari, for R3 Additional Government Pleader

O R D E R

This writ petition has been filed seeking for the issuance of writ of mandamus directing the respondents to regularise the service of the petitioner from the date of her appointment.

2.

The case of the petitioner is that she was appointed by the Chennai Corporation in the year 1996 and she is being employed till date. Earlier, there was a resolution passed, recommending regularisation of the petitioner and the same was sent to the first respondent. The claim of the petitioner is that similarly placed persons were regularised all over Tamil Nadu in the year 2006 and the petitioner was not regularised. The petitioner had given several representations, seeking for regularisation and no orders were passed. Hence, the present writ petition has been filed seeking for appropriate direction. 3.

Heard, Mr.N.Beulah John Selvaraj, learned counsel for the petitioner, Mrs.Karthika Ashok, learned Standing Counsel for respondents 1 & 2 and Mrs.K.Bhuvaneswarai, learned Additional Government Pleader for R3.

4.

Taking into consideration of the facts and circumstances of the case and the limited relief that has been sought for, there shall be a direction to the first respondent to consider the representation made by the petitioner on 28.08.2019 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation along with a copy of the representation dated 28.08.2019 and a copy of this order.

5.

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

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar AT To

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Zonal Officer, Zone - XIII, Corporation of Chennai, Adyar, Chennai - 600 020.

3. The Secretary to Government, Municipal Administration And Water Supply Department, Fort. St.George, Chennai - 600 009.

+1cc to Mr.N.Beulah John, Advocate, SR.No.5041. +1cc to Government Pleader, SR.No.5304.

W.P.No.1267 of 2020 SJ(CO) CSR: 28.02.2020