K.A.Jose, v. The Secretary To Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.13228 and 13229 of 2016 & WMP Nos.11602 and 11603 of 2016 1 K.A.Jose [Petitioner in W.P.13228/2016] 1 R.Unnikrishnan [Petitioner in W.P.13229/2016] Vs.
1 The Secretary to Government of Tamil Nadu Information & Tourism Department Fort St. George, Secretariat Chennai-600 009.
2 The Director Information & Public Relation Department Fort St. George, Secretariat Chennai-600 009.
3 The Public Relation Officer Thanthai Periyar Memorial Vaikkam Kerala State.
[Respondents in both writ petitions] Writ Petitions 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 w.e.f. 01.06.1994 with all arrears of monetary benefits on relaxing the relevant Rules by converting the existing posts of security guard into regular posts at the office of the 3rd respondent by considering the Review Petition dated 23.03.2016 in the light of the (i) Judgment dated 20.06.2012 in W.P.No.11395 of 2012 and (ii) Judgment dated 25.09.2015 in W.P.No.30151 of 2015 and in accordance with Government orders in favour of the similarly placed persons especially G.O(P) No.426 Tamil development Charity and Information (Ni-3) Department dated 19.12.2012 within a specified period of time.
For Petitioner in both W.Ps. : Mrs.T.Aananthi For Respondents in both W.Ps. : Mr.S.Gunasekaran, AGP
COMMON ORDER The petitioners, Mr.K.A.Jose and Mr.R.Unnikrishnan, have filed these writ petitions, seeking a writ of mandamus, directing the respondents to regularize their service w.e.f. 01.06.1994 with all arrears of monetary benefits, by relaxing the relevant Rules, thereby converting the existing posts of security guard into regular posts at the office of the 3rd respondent, on considering their Review Petitions dated 23.03.2016.
2. When the matter was taken up for consideration, the learned counsel for the petitioners sought for a simple direction to the respondents to consider their review petitions dated 23.3.2016, in the light of the judgments passed by this Court dated 20.06.2012 in W.P.No.11395 of 2012 and dated 25.09.2015 in W.P.No.30151 of 2015 and Government orders passed in favour of the similarly placed persons especially G.O (P) No.426 Tamil development Charity and Information (Ni-3) Department dated 19.12.2012, and pass appropriate orders on merits, within a time frame.
3. The learned Additional Government Pleader, who took notice for the respondents, submitted that the review petitions filed by the petitioners are presently pending and the same will be considered by the respondents, within the time stipulated by this court.
4. Considering the submissions made by the learned counsel on either side, the petitioners are given liberty to file any additional document to the respondents, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, it is for the respondents to consider their individual review petitions dated 23.3.2016 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks thereafter.
The writ petitions are disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ajr
To 1 The Secretary to Government of Tamil Nadu Information & Tourism Department Fort St. George, Secretariat Chennai-600 009.
2 The Director Information & Public Relation Department Fort St. George, Secretariat Chennai-600 009.
3 The Public Relation Officer Thanthai Periyar Memorial Vaikkam Kerala State.
+2ccs to Mr.T. Aananthi, Advocate, S.R.No.23017 SVI(CO) EU(2/05/2016) W.P.Nos.13228 and 13229 of 2016