P.Sachithanantham, 46 Years v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.30614 of 2013 and MP No.1 of 2013
1. P.Sachinantham
2. V.Kamaraj
3. M.Pugazhenthi ... Petitioners Vs
1. The Secretary, Govt. of Tamil Nadu, Adi Dravidar Welfare Department, Fort St. George Chennai - 600 009.
2. The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.
3. The District Adi Dravidar Welfare Officer, Nagapattinam ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for records on the file of the 1st respondent in connection with G.O. (P) No.25 Adi Dravidar & Tribal Welfare (ADNi4) Department dated 25.02.2011 and quash the same inso far as it restricts only w.e.f. 25.02.2011 and direct the respondents to regularize the service of the petitioners from their respective date of appointment and consequently to grant all service and monetary benefits.
For Petitioners : Mr.T.Aananthi For Respondents : Mr.A.N.Thambidurai, Special Government Pleader
ORDER
This writ petition has been filed to call for the records relating to G.O. (P) No.25 Adi Dravidar & Tribal Welfare (ADNi4) Department dated 25.02.2011 passed by the first respondent and quash the same insofar as it restricts only with effect from
25.02.2011 and consequently, direct the respondents to regularize the service of the petitioners from their respective date of appointment and grant all service and monetary benefits. 2.According to the petitioners, they were appointed as Cook on consolidated basis on 26.03.2007, 25.03.2007 and 26.03.2007 respectively, and were continuously working as such at Government Adi Dravidar Students Welfare Hostel. However, their services were not regularised. After repeated request, the first respondent passed G.O.Ms.No.25 AD & T Welfare Department, dated 25.02.2011, regularising the services of the petitioners. However, the petitioners were granted monetary benefits only with effect from 25.02.2011, due to which, they were put to loss of four years of service and monetary benefits. Hence, they submitted a joint representation dated 06.11.
2013 to the respondents requesting to regularise their services from the respective date of appointment. However, the said representation has not been considered till date. Therefore, the petitioners have filed the present writ petition for the aforesaid relief.
3. However, the learned counsel for the petitioners during the course of argument, submitted that it would suffice, if the representation already submitted by the petitioners may be directed to be disposed of by the respondents, within a time frame to be stipulated by this Court.
4. Mr.A.N.Thambidurai, learned Special Government Pleader has no serious objection in granting such relief to the petitioners.
5. Considering the facts and circumstances of the case and having regard to the submissions so made on either side, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioners dated 06.11.2013 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed.
sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR vsi2
To
1. The Secretary, Govt. of Tamil Nadu, Adi Dravidar Welfare Department, Fort St. George Chennai - 600 009.
2. The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.
3. The District Adi Dravidar Welfare Officer, Nagapattinam +1 CC to Government Pleader Vide SR NO.36305 W.P.No.30614 of 2013 and MP No.1 of 2013 KJ[CO] MK:19/12/2020