B.Chandran, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.02.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4524 of 2020 B.Chandran
...Petitioner
Vs.
1.The State of Tamil Nadu, Represented by Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai 600 009.
2.Director of Rural Developments and Panchayath Raj Department,Panagal Building, Chennai 600 015. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Fort st. George, Chennai 600 009.
4.The Commissioner for Municipal Administration, Chepauk, Chennai 600 005.
5.The Block Development Officer, Melur Village Panchayat, Coonor Block, The Nilgiris District.
...Respondents
Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to regularise the petitioner service in the category of pump set Operator from the date on which the petitioner completed 10 years of service with all attendant service and monetary benefits. For Petitioner : Mr.S.M.Muralidharan For Respondents: Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for R1 to R4.
MR.K.Ravikumar Additional Government Pleader for R5.
O R D E R
The present writ petition has been filed for the issue of writ of Mandamus, directing the respondents 1 and 2 to regularise the service of the petitioner in the post of Pump Set Operator.
2.
The case of the petitioner is that he was appointed as a Part time Pump Set Operator in the year 1999 at Kuriyamalai, Arihatti, Melur Town Panchayat, Coonoor, The Nilgiris District by the 4th respondent. According to the petitioner, he has put in 20 years of service and as per G.O.Ms.No.158 dated 29.10.2015, similarly placed persons have been absorbed into permanent vacant posts. The further case of the petitioner is that there are Government Orders to the effect that the service of the employee, who has completed more than 10 years of service, as on 01.01.2006 must be regularized. The petitioner has made a representation to the respondent in this regard. Since the same has not been considered by the respondents, the present writ petition has been filed before this Court.
3.
Heard the submissions of the learned counsel appearing for the petitioner and the learned counsel appearing on behalf of respondents.
4.
Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents 1 and 2 to consider the representation made by the petitioner on 03.01.2020 and deal with the same, strictly in accordance with law and pass appropriate order, 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 respondents 1 and 2 along with copy of the representation dated 03.01.2020 and also 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 rka
To 1.The Additional Chief Secretary to Government, State of Tamil Nadu,Rural Development and Panchayat Raj Department,Fort St. George, Chennai 600 009.
2.Director of Rural Developments and Panchayath Raj Department,Panagal Building, Chennai 600 015. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Fort st. George, Chennai 600 009.
4.The Commissioner for Municipal Administration, Chepauk, Chennai 600 005.
5. The Block Development Officer, Melur Village Panchayat, Coonor Block, The Nilgiris District.
+1cc to The Government Pleader, Sr.No.17216.
+1cc to Mr.Ravikumar, Advocate, Sr.No.16973.
+1cc to Mr.S.M.Muralidharan, Advocate, Sr.No.16593. W.P.No.4524 of 2020 SSD(CO) klt(21/05/2020)