R.Samynathan v. Prinicpal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.NO.2551 of 2020 R. Samynathan ... Petitioner -Vs1. 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 & Sewage Board No.1, Pumping Station Road, Chennai 600 002
3. The Area Engineer Chennai Metropolitan Water Supply & Sewage Board Sholinganallur, Chennai 600 119.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, for a direction directing the respondents herein to regularize the services of the petitioner on completion of 3 years of service from date of his original appointment in the erstwhile village Panchayat i.e. with effect from 25.02.1994 by extending the benefit of the orders passed by the first respondent herein in G.O.(2D) No.103 Municipal Administration and Water Supplies (MW1) Department dated 08.08.2019 and 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 as deem fit and proper by this Hon'ble Court or issue any other appropriate Writ, Order, Direction in the nature of a Writ or another appropriate relief. For Petitioner : M/s.G.Bala and Daisy For Respondents: Mr. P.S. Siva Shanmuga Sundaram Special Government Pleader.
ORDER
This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to regularize the services of the petitioner from the date of his original appointment in the Village Panchayat on 25.02.1994 and to grant all the consequential service and monetary benefits.
2. The case of the petitioner is that he was appointed in the Neelangari panchayat, which was subsequently absorbed into Chennai Metropolitan Water Supply and Sewage Board on account of the merger of Panchayat with Chennai Corporation. According to the petitioner, similarly placed persons have been granted regularization on completion of 3 years of service consequent to the Government Orders that were issued in this regard. However, the petitioner has not been extended the benefits of the Government order. Therefore. The petitioner has made representation to the respondents on 11.11.2019 to regularize the service of the petitioner and to grant all attendant benefits. Since the same has not been considered, the present Writ Petition has been filed before this Court.
3. Heard the learned counsel for the petition and the learned counsel 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 first respondent to consider the representation made by the petitioner on 11.11.2019 and pass appropriate orders strictly in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of representation dated 11.11.2019 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 bga
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 & Sewage Board No.1, Pumping Station Road, Chennai 600 002
3. The Area Engineer Chennai Metropolitan Water Supply & Sewage Board Sholinganallur, Chennai 600 119.
+1cc to M/s.G.Bala & Daisy, Advocates , Sr.No.8977 +1cc to Government Pleader, Sr.No.9502 W.P.NO.2551 of 2020 GS(02/06/2020)