K.Venkataraman, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.02.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4872 of 2020 K.Venkataraman ... Petitioner Vs.
1. The Secretary to Government, Government of Tamil Nadu, Personal and Administrative Reforms Department, Secretariat, Chennai 600 009.
2. The District Revenue Officer/Principal, Civil Service Training Institute, Bhavanisagar 638 451, Erode District.
.. Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to regularise the services of the petitioner working as mazdoor with special time scale of pay and absorb him in regular time scale of pay from the date of initial appointment and consequently pay all monetary and attendant benefits.
For Petitioner : Mr.G.Arul Murugan For Respondents: Mr.P.V.Selvakumar Additional Govt. Pleader
O R D E R
This Writ Petition has been filed for the issue of writ of Mandamus directing the respondents to regularise the services of the petitioner, who is working as mazdoor with special time scale of pay and absorb him in regular time scale of pay from the date of his initial appointment.
2. The case of the petitioner is that he was appointed as a Mazdoor by the second respondent in the year 1995 on a daily wage. Thereafter, the petitioner was brought in under special time scale of pay. According to the petitioner, a Government order was passed in G.O.Ms.No.22, dated 01.01.2006 for regularising the services of all those employees, who have completed 10 years of service. The further case of the petitioner is that more than 1800 persons have been regularised and they have been brought in regular time scale https://hcservices.ecourts.gov.in/hcservices/
of pay.
3. The petitioner was making representations in this regard to the respondents and the second respondent by his proceedings dated 13.03.2017, has forwarded the proposal to the first respondent recommending for regularisation of the services of the petitioner. Since there was no action on the part of the first respondent, the petitioner made a representation on 20.12.2019. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.
4. Heard Mr.G.Arul Murugan, learned counsel appearing for the petitioner, Mr.P.V.Selvakumar, learned Additional Govt. pleader appearing on behalf of the respondents.
5. Taking into consideration the facts and circumstances of the case and the fact that the second respondent has already forwarded the detail proposal to the first respondent by his proceedings dated 13.03.2017, the first respondent to consider the representation made by the petitioner on 20.12.2019 and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of the representation dated 20.12.2019 and a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jv To 1.The District Collector,Tiruppur.
2.The President,Karatholuvu Panchayat, Madathukulam,Tiruppur District.
+1cc to Mr.G.Arul Murugan, Advocate, Sr.No.17103. +1cc to The Government Pleader, Sr.No.17783.
W.P.No.4872 of 2020 BS(CO) klt (21/05/2020) https://hcservices.ecourts.gov.in/hcservices/