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Madras High CourtWP/8982/2022disposed of

R.Rathnakumar v. The Principal Secretary To Government Of Tamil Nadu

2022-04-12Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.8982 of 2022 and W.M.P.No.8804 of 2022 1.Rathnakumar 2.L.Vadivel Kumar 3.R.Vellangiri 4.Subramani 5.Paneer Selvam 6.K.Venkataubramaninan 7.S.A.Senthil Kumar 8.G.Shanmugam 9.N.Kalidas 10.N.Sivakumar 11.M.Ravichandran, 12.V.Vijayan 13.S.Sivaraj 14.R.Ramesh ...Petitioners vs.

1.The Principal Secretary to Government of Tamil Nadu, Personnel and Administrative Reforms, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary to Government of Tamil Nadu, Animal Husbandry Dairying & Fisheries Department, Secretariat, Chennai - 600 009.

3.The Commissioner, Milk Production and Dairy Department, Madhavaram, Chennai - 600 051.

4.The General Manager, Coimbatore District Co-op. Milk Producers Union Ltd., New Dairy Complex, Panchapalayam, Kalampalayam Post, Perur Via, Coimbatore - 641 010. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to dispose of our representation dated 15.02.2022 in the light of the order passed by the 4th respondent in Ref.No.1032/Estt/NRTSS/2019 dated 30.10.2019 within a time framed fixed by this Court. For Petitioner : Mr.T.P.Savitha For RR1 to 3 : Mrs.S.Anitha, Special Government Pleader For R4 : Mr.T.Srinivasan Special Government Pleader

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2.Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.T.Srinivasan, learned Special Government Pleader takes notice for the fourth respondent.

3.This writ petition has been filed seeking a direction to the respondents to dispose of the petitioners' representation dated 15.02.2022 in the light of the order passed by the 4th respondent in Ref.No.1032/Estt/NRTSS/2019 dated 30.10.2019 within a time framed fixed by this Court.

4.The case of the petitioner in brief:

The writ petitioners were appointed as labours in the 4th respondent Union and they had been engaged to do various kinds of works in dairy production units. They made several requests to the 4th respondent to regularize their job and subsequently, the 4th respondent made request to the 1st respondent to make necessary arrangement to get orders from the Government for regularizing the petitioners' job even though no respondent has come forward to take decision regarding the regularization of the petitioners' employment. At that time, the petitioners filed a writ petition before this Court in W.P.No.17195 of 2010 wherein, direction was issued to the respondents regarding the regularization of the petitioners.

But, the respondents did not implement the order passed by this Court hence the petitioner were constrained to file contempt petition in Cont.P.No.75 of 2018 before this Court. Thereafter, the petitioners service was regularized and were eligible for the monetary benefits. But, the 4th respondent has not implemented the aforesaid order, therefore, the petitioner made representations 16.09.2019 and 16.10.2019 to the 4th respondent to extend their service benefits. But, the said representation was not considered. Hence, the petitioners filed this writ petition before this Court.

5.The learned Special Government Pleaders taking notice for the respondents would submit that the representation of the petitioners will be considered by the authorities concerned on merits and in accordance with law.

6.In the light of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined direct the 4th respondent to consider the representation of the petitioner dated 16.10.2019 and pass appropriate reasoned orders as early as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order.

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

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR ata/dua To 1.The Principal Secretary, Personnel and Administrative Reforms, Secretariat, Chennai - 600 009.

2.The Additional Chief Secretary, Animal Husbandry Dairying & Fisheries Department, Secretariat, Chennai - 600 009.

3.The Commissioner, Milk Production and Dairy Department, Madhavaram, Chennai - 600 051.

+1cc to Ms.T.P.Savitha, Advocate Sr.25029 +1cc to the Government Pleader Sr.25526 W.P.No.8982 of 2022 gpl[co] srg 29/04/2022