M.Sekar @ M.Gnanasekaran, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.2105 of 2019 and W.M.P.No.2359 of 2019 1.M.Sekar @ M.Gnanasekaran 2.S.Thangaraj 3.S.Ramesh 4.D.Velmurugan 5.G.Anandan .. Petitioners Vs.

1.The State of Tamil Nadu Represented by its Secretary, Public Works Department, Fort St. Goerge, Chennai - 9.

2.The Chief Engineer (General) & Engineer in Chief, Public Works Department, Chepauk, Chennai - 5.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondents 1 and 2 to grant and extend notional pay fixation and other benefits arising thereto on completion of 10 years of services as casual labourer/NMR as ordered in G.O.Ms.No.334, Public Works (C2) Department dated 19.10.2007 and the respective dates mentioned therein by applying the dictum laid down in W.A.Nos.168 and 169 of 2012 dated 08.08.2014 as confirmed in SLP (c) No.9122-9123 of 2016 dated 29.06.2016 and implemented vide G.O.Ms.No.235 Public Works (C2) Department dated 30.11.2017.

For Petitioners: Mr.L.Chandrakumar For Respondents: Mr.A.N.Thambidurai for RR1 & 2 Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The grievances of the writ petitioners are that the notional fixation of pay consequent to the regularization has not been granted to the writ petitioners.

2. In this regard, the writ petitioners have submitted a representation to the first respondent on 19.03.2018 which is yet to be considered. Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioners dated 19.03.2018 and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

3. The writ petitioners are directed to enclose the copy of the representation and all other relevant orders along with the orders passed in the present writ petition.

4. In view of the above direction, this Writ Petition stands disposed of. However, there is no order as to costs. Consequently, the connected Writ Miscellaneous Petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arb/ssb To 1.The Secretary, Government of Tamil Nadu, Public Works Department, Fort St. Goerge, Chennai - 9.

2.The Chief Engineer (General) & Engineer in Chief, Public Works Department, Chepauk, Chennai - 5.

+1cc to Mr.L.Chandrakumar, Advocate Sr.22533 W.P.No.2105 of 2019 and W.M.P.No.2359 of 2019 sv[co] srg 25/04/2019 https://hcservices.ecourts.gov.in/hcservices/