Sabeer Ahamed v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.1259 of 2017 and WMP.No.1185 of 2017 Sabeer Ahamed ..
Petitioner vs.
1.The State of Tamil Nadu, Rep by its Secretary, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai-600 009.
2.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai-600 005.
3.The District Adi Dravidar and Tribal Welfare Officer, Ariyalur District, Ariyalur.
4.Hostel Warden, Social Welfare Department (M) Hostel, Senthurai and T.K.
Ariyalur District.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to fix time scale of pay to the petitioner from 22.07.1982, annual increments from 22.07.1983, Selection Grade Pay from 22.07.1992 and Special Grade Pay from 22.07.1993 and Stagnation Increments from 22.07.2012 and all other benefits.
For Petitioner :
Mr.V.Krishnamurthy For Respondents :
Mr.P.Chinnadurai, Government Advocate
O R D E R
By consent, this writ petition is taken up for final disposal.
2. The petitioner was appointed on compassionate grounds on the demise of his father, vide proceedings of the third respondent dated 19.07.1982, as Masalchi/Watchman. The petitioner was transferred by the District Adi Dravidar and Tribal Welfare Officer, in the fourth respondent hostel Sendurai, vide order dated 11.12.1995 and he joined in the said post on 12.01.1996. The petitioner sent various representations seeking regularization of his services and though the third respondent made positive recommendation dated 31.12.2014 to the second respondent, no orders have been passed and therefore, came forward with this writ petition.
3.The learned counsel appearing for the petitioner would submit that though the petitioner had put in continuous service for nearly 35 years of hard, sincere and unblemished service, his services are yet to be regularized and as a consequence, he has not been afforded with consequential benefits.
4. Mr.P.Chinnadurai, learned Government Advocate, who accepts notice on behalf of the respondents, would submit that based on the recommendations of the third respondent, the second respondent will pass orders at an early date.
5. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to act on the proposal/recommendation of the third respondent in Na.Ka.No.M2/9335/14 dated 31.12.2014 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
jvm To 1.The Secretary, The State of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai-600 009.
2.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai-600 005.
3.The District Adi Dravidar and Tribal Welfare Officer, Ariyalur District, Ariyalur.
4.Hostel Warden, Social Welfare Department (M) Hostel, Senthurai and T.K. Ariyalur District.
+1cc to Mr.V. Krishnamoorthy, Advocate, S.R.No.3601 +1cc to the Government Pleader, S.R.No.3752 GMI(CO) md(08/02/2017) W.P.No.1259 of 2017