P.Chandran v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.6737 of 2025

1. P. Chandran, S/o. Perumal

2. P. Shakthivel, S/o. Bomusamy

3. S. Sathish Kumar, S/o. Selvaraj

4. M. Murugesan, S/o. Muthusamy

5. P.Gurusamy, S/o. Palanisamy

6. P. Subramani, S/o. Palani

7. S. Ramesh, S/o. Sengottaiyan ... Petitioners vs

1. The State of Tamil Nadu Represented by its Secretary to Government Highways Department, Chennai 9.

2. The Director General No.76, Sardar Vallabaipatel Road Guindy, Chennai 25

3. The Divisional Engineer Highways Department Erode District 638 002.

4. The Divisional Engineer, Gopichettipalayam, Erode District 638 476.

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5. The Assistant Divisional Engineer, Bhavani, Erode District 638 301

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ or order or direction particularly in the nature of Writ of Mandamus directing the respondents to consider the petitioners' representation, dated 20.06.2024 in the light of the letter in Memo No.2/07/A1 dated 28.01.2008 issued by the 5th respondent and direct the respondents to appoint the petitioners herein in the existing or future vacancies as Gang Mazdoors in regular time scale of pay in consonance with the Government Order (Nilai) No.102 dated 16.08.2024 Department of Highways and Minor Ports (H.M-2). For Petitioners : Mr. S. Packiaraj For Respondents : Ms. A. Bakkialakshmi Government Advocate.

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to consider the representation dated 20.06.2024. The petitioners placed reliance on a Memo No.2/07/A1 dated 28.01.2008 issued by the fifth respondent. The petitioners seek a direction to appoint the petitioners in the existing or future vacancies as gang mazdoors in regular time scale of pay. The petitioners also place reliance on G.O. M.S. No.102 dated 16.08.2024, Department of Highways and Minor Ports (H.M-2). 2/6

2. In the affidavit filed in support of the writ petition, it had been contended that the the writ petitioners have been working as Gang Mazdoors (NMRs) as daily wage employees under the third respondent from 1985 onwards. It had been contended that they had put in more than three years of continuous service. They had also worked for 10 years. It is contended that the Government Order No.102 dated 16.08.2024, Department of Highways and Minor Ports (H.M-2), is applicable to the petitioners. It had been stated that the Government had also passed G.O. Ms.No.702 dated 18.06.1981, Highways and Rural Works Department waiving the appointment of Gang Mazdoors through Employment Exchange and they also waived the age and qualification in G.O.Ms. No.95, Highways and Rural Works Department dated 04.02.1988.

It had been stated that earlier writ petitions had been filed wherein a direction has been issued that after examining the Service Records of the Gangmen, that their services should be brought into regular service. The petitioners had also given representations dated 20.06.2024 to the respondents in this regard. Since the same had not been considered till date, the present Writ Petition has been filed.

3. A direction is issued to the fourth respondent to examine the representation given by the petitioners and also examine the period of service put in by the petitioners and further examine the modelity under which the petitioners came into employment in the first instance and thereafter examine the orders passed by this Court in the Writ Petitions and in the Writ Appeal and also by the Hon'ble Supreme Court, which confirmed the orders of this Court and thereafter take a considered decision on the representations within a period of six weeks from the date of receipt of a copy of this order.

4. With the above directions, the Writ Petition stands disposed of. No costs.

26.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga To

1. The State of Tamil Nadu Represented by its Secretary to Government 4/6

Highways Department, Chennai 9.

2. The Director General, No.76, Sardar Vallabaipatel Road Guindy, Chennai 25

3. The Divisional Engineer Highways Department Erode District 638 002.

4. The Divisional Engineer, Gopichettipalayam, Erode District 638 476.

5. The Assistant Divisional Engineer, Bhavani, Erode District 638 301 5/6

C.V. KARTHIKEYAN, J.

bga W.P.No.6737 of 2025 26.02.2025 (1/2) 6/6