Madras High CourtWP/2409/2019disposed of

E.Govindasamy v. The Additional Chief Secretary,

2019-02-01Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.2409 of 2019 E.Govindasami ...

Petitioner Vs 1.The Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.

2.The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Vellore Region, Vellore-632 009.

...

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to count the petitioner's service from his date of daily paid with effect from 08.03.1991 and to calculate the Terminal Benefits by taking the period of service from 08.03.1991 till 30.06.2015.

For Petitioner : Mr.P.Paramasiva Doss For Respondents : Ms.Rajini Ramadoss

O R D E R

The petitioner joined the service of the respondent Corporation as a Junior Assistant on daily paid basis on 08.03.1991. On completion of 240 days of satisfactory service, he was brought under the regular time scale of pay with effect from 30.12.1991. The order for regularisation was issued on 24.02.1992, granting regularisation with retrospective effect, ie., from 30.12.1991. Even though the petitioner has been treated to be regularised with effect from 30.12.1991, the period from 30.12.1991 to 24.02.1992 has not been taken into consideration and the said period has been treated as if the petitioner had worked on daily wage basis. The representation made by the petitioner in this connection has evoked no https://hcservices.ecourts.gov.in/hcservices/

response. Hence the petitioner has come up with this writ petition to direct the respondents to count the petitioner's service with effect from 08.03.1991, ie., the date from which he was working on daily wage basis, and to calculate the Terminal Benefits by taking the period of service from 08.03.1991 till 30.06.2015.

2.Ms.Rajini Ramadoss, learned counsel, takes notice for the respondents.

3.Considering the facts and circumstances of the case, the respondents are directed to consider the representation dated 13.06.2018 on merits and in accordance with law, verify all the relevant materials and records and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar KM To 1.The Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.

2.The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Vellore Region, Vellore-632 009.

+1cc to Mr. P.Paramasivadoss, Advocate, S.R.No. 9461 +1cc to Mr. S.Rajini Ramadoss, Advocate, S.R.No. 8954 +1cc to the Government Pleader, S.R.No. 9153 W.P.No.2409 of 2019 CA(CO) GN(28/02/2019) https://hcservices.ecourts.gov.in/hcservices/