D.Velayutham v. Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.1642 of 2020 D.Velayutham

...Petitioner

Vs.

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

2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

3. The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Sholinganallur, Chennai 600 119 ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to regularise the service of the petitioner on completion of three years of service from the date of his original appointment in the erstwhile village Panchayat ie with effect from 25.02.1994 by extending the benefit of the order passed by the first respondent herein in G.O.(2D) No.69, Municipal Administration and Water Supplies (MW1) Department dated 28.08.2019 with all consequential service and monetary benefits, within a time frame.

For Petitioner : Mrs.G.Bala and Daisy For Respondents: Mr.K.Parameshwaran Government Advocate for R1 Mr.N.Ramesh for R2 and R3.

1/3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to regularize the service of the petitioner on completion of three years of service from the date of his original appointment, in accordance with G.O.(2D) No.69,Municipal Administration and Water Supplies (MW1), Department dated 28.08.2019, with all attendant benefits. 2.

The case of the petitioner is that he was appointed in the erstwhile Neelangarai Panchayat and thereafter, he was absorbed into the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), on account of the merger of the Panchayat with Chennai Corporation. According to the petitioner, the persons who are similarly placed have been granted regularization on completion of three years of service consequent upon the passing of G.O.(2D) No.69, Municipal Administration and Water Supplies (MW1), Department dated 28.08.2019. The petitioner has also sought for similar relief and has made a representation to the respondents on 11.11.2019. Since the same has not been considered, the present writ petition has been filed before this Court.

3.

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner dated 11.11.2019 and pass appropriate orders, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with copy of earlier representation dated 11.11.2019 and also a copy of this order.

5.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar 2/3

rka To

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

2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai - 600 002.

3. The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Sholinganallur, Chennai 600 119.

+1cc to Nr.N.Ramesh, Advocate sr.6604 +1cc to Government Pleader SR.NO. 6196 +1cc to M/s.G.Bala & Daisy, Advocate sr.5674 W.P.No.1642 of 2020 rsv(co) nr 05/03/2020 3/3