D.Venkatesan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.23330 to 23333 & 24917 of 2013 D.Venkatesan ... Petitioner in WP.No.23330 of 2013 V.Muthukumar ... Petitioner in WP.No.23331 of 2013 G.Senthil Kumar ... Petitioner in WP.No.23332 of 2013 T.V.Venkataraghavan ... Petitioner in WP.No.23333 of 2013 B.R.Shyamsundar ... Petitioner in WP.No.24917 of 2013 vs.
1. State of Tamil Nadu Rep. by its Secretary, Municipal Administration and Water Supply, Fort St. George, Chennai - 9.
2. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 3.
... Respondents in all WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to ratify the appointment from the date of joining the service of second respondent (i.e.) 20.01.1994, 16.08.1996, 16.06.1994, 16.06.1994 and 16.06.1994 respectively, to accord all consequential promotions and benefits as per the eligibility of the petitioners. For Petitioners in all Wps :
Mr. V.Manohar For Respondents in all Wps :
Mr. S.Thangavel, Spl.GP COMMON ORDER Petitioners have come up with these Writ Petitions seeking a direction to the respondents to ratify their appointment from the date of joining the service of the second respondent (i.e.)
on 20.01.1994, 16.08.1996, 16.06.1994, 16.06.1994 and 16.06.1994 respectively and accord all consequential promotions and benefits as per the eligibility criteria.
2. As the issue involved in these Writ Petitions is one and the same, the cases are taken up for disposal by a common order.
3. The case of the Petitioners is that as per G.O.Ms.No.351, Municipal Administration and Water Supply Department, dated 14.03.1986, the Department of wireless system was established in Corporation of Chennai and the same was managed by ELCOT. Due to the same, there were technical posts created for maintenance of the said department. The petitioners were appointed as technical assistant in Corporation of Chennai on temporary basis in the year 1994 and their services were regularised in the year 2008, based on the repeated representations made by them. However, the first respondent has not ratified the same, till date for the reason that there is no rules framed in respect of the petitioners' appointment.
According to the petitioners, having combined the wireless section along with electrical department and the wireless department was abolished, the rules framed for the purpose of electricity department will also applicable to the petitioners. Further, the persons with similar qualification and experience working in the electricity department, have got the higher post due to their service regularization. Hence, the petitioners have given representation seeking regularisation of their services, which was not considered so far. Hence, these writ petitions.
4. Learned counsel for the Petitioners submitted that, the representation dated 21.11.2011 made by the Petitioners has not been taken up for consideration till date and he prayed that, the same may be directed to be considered by the Respondents and appropriate orders may be passed within a reasonable time.
5. In reply, learned counsel appearing for the Respondents submitted that, he has no objection to the consideration of the Petitioners' representation by the Respondents within a reasonable time.
6. Having regard to the submissions made by the learned counsel on either side, as the representation made by the Petitioners has not been taken up for consideration by the Respondents, this Court, without going into the merits of the case, directs the Respondents to consider the representation dated 21.11.2011 made by the Petitioners and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. In fine, these Writ Petitions are disposed of with the above direction. No costs.
-sd- Assistant Registrar (CS) //True copy// Sub Assistant Registrar To
1. The Secretary, The State of Tamil Nadu, Municipal Administration and Water Supply, Fort St. George, Chennai - 9.
2. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 3.
+ 5 C.C. to M/S.V.Manohar, Advocate SR.NO. 37451 to 37455 + 2 C.C. to The Government Pleader SR.NO. 37550 & 37551 W.P.Nos.23330 to 23333 & 24917 of 2013 AJS(co) RRI 22/12/2020