Madras High CourtWP/6116/2021disposed of

M.Murthy v. Union Of India Represented By

2021-03-11Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.6116 of 2021 and W.M.P.Nos.6734 & 6735 of 2021 1.M.Murthy 2.P.Marimuthu 3.A.Moohamad Ibrahim 4.P.Devanathan 5.M.Tenevendane 6.A.Hariharan 7.V.Mouttou Coumarane 8.Marina Horas 9.R.Sojan @ Munisamy 10.T.Selvam @ Angavelou 11.A.Perisamy 12.A.R.Hithayathali 13.V.Manimaran 14.S.Murugan 15.D.Madurai Veerappan 16.G.Rajendiran 17.H.Rifai @ Mohamed Haniff 18.T.Senthilvelan 19.I.Steefan 20.A.Gnanajayamal 21.M.Krishnamoorthy 22.P.Krishnakumar 23.G.Mariyasusai 24.M.Jayakanthan 25.R.Ravichandran 26.R.Selvaraj 27.S.Venkadesan 28.A.Manjammal 29.A.Fathima 30.S.Shajahan 31.M.Dilip 32.R.Ayyappan 33.V.Srinivasan 34.T.Dinagaran 35.R.Radhakrishnan 36.R.Sandhanasami ... Petitioners Vs.

1.Union of India represented by the Chief Secretary to Government of Puducherry,

2.The Secretary to Government, Department of Personnel and Administrative Reforms, (Personal Wing), Government of Puducherry, ... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India praying to issue writ of mandamus, directing the respondents to consider the representation of the petitioners dated 20.02.2021 to engage the petitioners herein, who are working as Co-Terminus Employees, as Full-Time Casual Labourers.

For Petitioners : M/s.Gopika Nambiar for R.Saravanan For Respondents : M/s.G.Djearany Government Advocate (Pondy) - - - - -

O R D E R

The writ petition is filed for writ of mandamus directing the respondents to consider the representation of the petitioners dated 20.02.2021 to engage the petitioners herein who are working on Co-Terminus basis as Full-Time Casual Labourers within a time limit prescribed by this Court.

2. The learned counsel appearing for the petitioner would draw the attention of this Court to Clause - 6 of the Government of Puducherry Casual Labourers (Engagement and Regularisation) Scheme 2009, which reads as under: "6.Engagement of casual labourers may be done only for works is of casual, seasonal or intermittent in nature or for work, which is of full time nature, or for which regular posts cannot be created."

3. The learned counsel would submit that there is scope of continuing this employees by the newly elected Government.

4. Considering the same, the direction is issued to the respondent to consider the representation of the petitioners dated 20.02.2021, within a period of 12 weeks from the date of receipt of a copy of this order, taking into consideration of Clause - 6 as mentioned above. Till such time, the engagement shall not be disturbed.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Pns To 1.The Chief Secretary, Union of India, Government of Puducherry, 2.The Secretary to Government, Department of Personnel and Administrative Reforms, (Personal Wing), Government of Puducherry, +1cc to Mr.R.Saravanan, Advocate SR.15470 +1cc to the Government Pleader(P) SR.15492 W.P.No.6116 of 2021 SKY(CO) CB(31/03/2021)