Balaiah v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.16598 of 2010
1. Balaiah
2. V.Nagarajan
3. A.Venkatachalam (died)
4. Anbumani
5. M.Gurumurthy (died)
6. Krishnamurthy
7. Selvakumar
8. Shanmugam
9. Chandrasekar
10. Indirani
11. Mohan Babu (As per the separate order, dated 22.04.2022 in W.P.No.16598 of 2010 Petitioners 6 to 11 are impleaded as legal heirs of petitioners 3 and 5) .. Petitioners
Versus
1. The Secretary to Government, Rural Development and Panchayat Raj, Fort St. George, Chennai - 9.
2. The Director of Rural Development & Panchayat Raj, 'Panagal Buildings', Saidapet, Chennai - 15.
3. The District Collector, Panchayat Development, 'Panagal Buildings'
Thanjavur.
4. The Commissioner, Thanjavur Panchayat Union, Thanjavur.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the respondents in connection with the impugned orders passed by the respondents 2 and 3 in Na.Ka.No.32039/2010/C1, dated 30.04.2010 and Na.Ka.No.3969/2010/K5, dated 16.06.2010 and quash the same and to further direct the respondents to regularise the services of the petitioners by bringing them into regular time scale of pay from the date of their initial appointment and grant them all consequential service and monetary benefits.
For Petitioners : Mr.K.Venkataramani, Senior Counsel for Mr.M.Muthappan For Respondents : Mrs.E.Ranganayaki Additional Government Pleader
ORDER
The Writ Petition is filed challenging the orders of the respondents 2 and 3, dated 30.04.2010 and 16.06.2010 inasmuch as they refused to regularise the services of the petitioners and for a consequential prayer to regularise the services of the petitioners by taking them in regular time scale of pay from their date of initial appointment and to grant them all consequential service and monetary benefits.
2. Today, when the matter came up for hearing, the learned Additional Government Pleader produced G.O.(Standing) No.50, dated 26.08.2011, whereby, the relief prayed for by the petitioners have been granted by regularising their services from the dates mentioned as against their names and therefore, nothing survives in the prayer in the present Writ Petition.
3. However, Mr.K.Venkataramani, the learned Senior Counsel for the petitioners would submit that the prayer in the Writ Petition is to regularise their services from their date of initial appointment and also to grant them the monetary benefits and therefore, it cannot be said that the Writ Petition has become infructuous in entirety. However, the learned Senior Counsel would submit that the petitioners have subsequently filed Writ Petition Nos.21640 of 2012 and 20823 of 2013 claiming the said benefits by regularising from their initial appointment and also claiming monetary benefits.
4. In that view of the matter, leaving all the contentions to be raised in the above said two Writ Petitions, the present Writ Petition is dismissed as having become infructuous. No costs. Consequently, M.P.No.2 of 2010 is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar grs To
1. The Secretary to Government, Rural Development and Panchayat Raj, Fort St. George, Chennai - 9.
2. The Director of Rural Development & Panchayat Raj, 'Panagal Buildings', Saidapet, Chennai - 15.
3. The District Collector, Panchayat Development, 'Panagal Buildings'
Thanjavur.
4. The Commissioner, Thanjavur Panchayat Union, Thanjavur.
+1 cc to Government Pleader Sr.NO. 28385 W.P.No.16598 of 2010 SSN(CO) A.SK(16/05/2022)