Madras High CourtWP/1109/2017disposed of

P.Sugumar v. The District Collector

2017-01-18Honourable Mr Justice M. Sathyanarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.1109 to 1120/2017 P.Sugumar ..

Petitioner in WP.No.1109/2017 M.Sivakumar ..

Petitioner in WP.No.1110/2017 S.Sivakumar ..

Petitioner in WP.No.1111/2017 E.Boopalan ..

Petitioner in WP.No.1112/2017 P.Ellaiyan ..

Petitioner in WP.No.1113/2017 B.Chandrasekaran ..

Petitioner in WP.No.1114/2017 B.Karunakaran ..

Petitioner in WP.No.1115/2017 E.Venkatesan ..

Petitioner in WP.No.1116/2017 S.Punniyakotti ..

Petitioner in WP.No.1117/2017 K.Periyandavan ..

Petitioner in WP.No.1118/2017

K.Ravi ..

Petitioner in WP.No.1119/2017 S.Kalyanaraman ..

Petitioner in WP.No.1120/2017 Vs 1.The District Collector Tiruvallur District, Tiruvallur.

2.The Joint Director, Industrial Safety and Health Tiruvallur District.

3.The Managing Director, Caterpillar India [Pvt] Ltd Melnallathur, Tiruvallur District.

Respondents in all the Writ petitions Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ ofmandamus directing the respondents to consider the petitioners' representations dated 24.09.2016 to conduct fresh enquiry for fixing the scale of pay and other monetary benefits with retrospective effect as per the agreement dated 08.12.1997.

For Petitioners in all WPs :

Ms.R.K.Kalpana For RR 1 & 2 in all WPs :

Mr.K.Dhananjayan, Spl.GP COMMON ORDER By consent, these writ petitions are taken up for final disposal as the issue involved and to be adjudicated is one and the same.

Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2.

The petitioners, on an earlier occasion, had filed WP.Nos.25188 to 25199/2015, praying for issuance of a writ of mandamus, directing the respondents therein to consider their representations dated 17.06.2015 for conferment of permanent status as per the order in Case No.E/814/2013 dated 10.11.2014. This Court, vide common order dated 14.08.2015, had disposed of the writ petitions by directing the 1st respondent herein to consider and dispose of their representations dated 17.06.2015 on merits and in accordance with law, after putting on notice, the 3rd respondent herein and pass orders within a period of eight weeks from the date of receipt of a copy of that order and communicate the decision taken, to the petitioners. Accordingly, the 1st respondent, vide proceedings dated 04.11.2015, in Na.Ka.No.

26489/2015/F1, has informed the petitioners as well as the 3rd respondent that the 3rd respondent/Management has issued appointment orders conferring permanent status. The 1st respondent subsequently, issued summons dated 29.01.2016 as to the fixation of pay scale, fixing the date of hearing on 04.02.2016 at 11.00 a.m.

dated 24.09.2016 to the 1st respondent as well as to the 3rd respondent, praying for conferment of service and monetary benefits and since the enquiry has not been conducted in pursuance to the summons dated 29.01.2016, issued by the office of the 1st respondent, the petitioners came forward to file the present writ petitions. The learned counsel for the petitioners would submit that appropriate direction may be issued to the 1st respondent to conduct and conclude the enquiry as expeditiously as possible. This Court heard the submissions of Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents 1 and 2.

Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners either in their representations or in these writ petitions, directs the 1st respondent, after putting on notice the 3rd respondent / Management, commence and conclude the enquiry in terms of the summons dated 29.01.2016 as expeditiously as possible and not later than ten weeks

from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the 3rd respondent / Management.

The writ petitions stand disposed of with the above direction. No costs.

18.01.2017 Index :

No Internet :

Yes AP To 1.The District Collector Tiruvallur District, Tiruvallur.

2.The Joint Director, Industrial Safety and Health Tiruvallur District.

3.The Managing Director, Caterpillar India [Pvt] Ltd Melnallathur, Tiruvallur District.

M.SATHYANARAYANAN, J., AP W.P.Nos.1109 to 1120/2017 18.01.2017 http://www.judis.nic.in