R.Surya v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.5344 of 2023 1.R.Surya 2.M.Siva 3.V.Saravanan 4.R.Raguraman 5.G.Muthu 6.M.Rajasekar 7.K.Kalidass 8.C.Joseph Jayachandar 9.S.Venkatesan 10.S.Kalaiselvan 11.S.Thananjayan 12.U.Gokulraj 13.K.Venkatesan 14.J.Shanmugasundaram 15.R.Balaji 16.K.Murugan 17.N.Rajan 18.S.Ramesh 19.K.Sathish Kumar 20.J.Raaghul 21.S.Gopinath 22.R.Loganathan 23.J.Kannathasan 24.K.Mohan 1/6
25.D.Ram Kumar 26.K.Prabu 27.D.Mahendiran 28.N.Kalaivanan 29.R.Karthick 30.R.Dinesh Kumar 31.V.Nunnia Patham 32.B.Vijayakumar 33.S.Ashok Kumar 34.M.Kumaraguru 35.K.Rajagambeeram 36.D.Rajasekar 37.R.Ruthiramurthy 38.S.Ashok 39G.Vijayakumar 40V.Aswinkumar
...Petitioners
Vs 1.The State of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare, Fort Saint George, Chennai - 600 009.
2.The Director, Department of Public Health and Preventive Medicine, Teynampet, Chennai - 600 006.
3.The Deputy Director, Public Health and Preventive Medicine, The Filaria Officer (i/c), National Flaria Control Unit, Chengalpet.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioners, with effect from the date of the petitioners' original appointment in the post of Mazdoor (Sanitary Workers) and give all service benefits.
For Petitioners : Mr.S.Vijayakumar For Respondents : Ms.M.Jayanthy, Additional Government Pleader
ORDER
With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The learned counsel for the petitioners submitted that the petitioners herein had jointly given a representation to the respondents on 06.02.2023, seeking for regularization of their services from the date of their original appointment in the post of Mazdoor. The said representation has not been considered till date. The learned counsel also submitted that the services of similarly places persons, who were appointed along with the petitioners herein, have been regularized. 3/6
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioners' representation dated 06.02.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the concerned respondent to consider the same on its own merits.
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5. With the above direction, the Writ Petition stands ordered. No costs. Consequently, connected miscellaneous petition is closed. 23.02.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Secretary, Health and Family Welfare, Fort Saint George, Chennai - 600 009.
2.The Director, Department of Public Health and Preventive Medicine, Teynampet, Chennai - 600 006.
3.The Deputy Director, Public Health and Preventive Medicine, The Filaria Officer (i/c), National Flaria Control Unit, Chengalpet.
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M.S.RAMESH,J.
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