Madras High CourtWP/5109/2020disposed of

P.P.Sudarmathi, v. The Chairman,

2020-02-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.5109 of 2020 1.P.P.Sudarmathi 2.A.Ammasi 3.A.Sarasu 4.S.Kamala 5.C.Chinnammal 6.S.Shanthi 7.V.Kalaivani 8.P.Sivalingam 9.S.Vijaya 10.K.Nallathambi Petitioners vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer, (Personnel) Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Kamarajar Nagar Colony, Udayapatty, Salem - 636 014, Salem District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pass orders on the representation of the petitioners dated 31.01.2019 in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1, dated 28.09.2017 on the file of the 2nd respondent and to repost the petitioners in the existing vacancy as full time regular employee with all attendant benefits instead of Part Time Conservancy Workers.

For Petitioners : Mr.A.M.Esakkiappan For Respondents : Mr.Karthik Rajan Senior Standing Counsel

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioners and to repost the petitioners in the existing vacancy as full time regular employees.

2.The case of the petitioners is that they joined as Part time Conservancy workers in the year 1993. Thereafter, the petitioners were also given regular time scale of pay. According to the petitioners, similarly placed persons had made a representation to the respondents to absorb them in the regular vacancy and had approached this Court and orders have also been passed by this Court. Therefore, the petitioners also made a representation to the respondents on 31.01.2019. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also of the fact that similar claims have been entertained by this Court vide earlier orders passed by this Court in several writ petitions, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 31.01.2019 and deal with the same in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the 3rd respondent along with a copy of the representation dated 31.01.2019 and a copy of this order. A copy of the representation shall also be marked to the 1st & 2nd respondents.

5.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar ssr

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer, (Personnel) Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

+1cc to Mr.A.Esakkiappan, Advocate SR.No.18294 +1cc to Mr.Karthik Rajan, Advocate SR.No.17995 W.P No.5109 of 2020 KS(CO) GMY(10/06/2020)