Madras High CourtWP/1620/2016disposed of

M.Veerasamy v. The Chairman

2016-01-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1620 of 2016 1 M.Veerasamy ..

Petitioner Vs 1 The Chairman # 144, Annasalai, Chennai -02.

2 The Superintending Engineer (O & M), Gobi Distribution Circle, Gobichettypalayam - 52 3 The Executive Engineer, Bhavani - 01.

Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to absorb the petitioner as permanent employee of the respondent Board within a reasonable time.

For Petitioner : Mr.S.Sivakumar For Respondents: Mr.P.R.Dhilip Kumar

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. According to the petitioner, he joined in the respondent Electricity Board as a contract labourer in the year 1996 and continuously working without any break. The respondents issued B.P.(Ch) No.44 Admn.Br.06.09.2007, to absorb 21600 existing contract workers in a phased manner and in furtherance to the same, a settlement was also entered into with labourers and the unions on 10.08.2007. The similarly placed persons were already absorbed by the respondents and the persons who were left out

filed the writ petition in W.P.34128 of 2004 and batch. The writ petitions were allowed based on the order passed by the Division Bench of this Court in W.A.No.1302 of 2003.

3. The petitioners would claim that the respondent board has implemented the order on 08.04.2013. It is further stated that the petitioner is entitled for regularization, but it was not considered. Hence, he made a representation to the respondents on 30.12.2015 requesting the respondents to absorb the petitioner as permanent employee. Since no order has been passed so far, the present writ petition has been filed.

4. Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.P.R.Dhilip Kumar, learned counsel appearing for the respondents.

5. This Court, considering the submissions of the learned counsel for the petitioner and without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 30.12.2015 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1 The Chairman, # 144, Annasalai, Chennai -02.

2 The Superintending Engineer (O & M), Gobi Distribution Circle, Gobichettypalayam - 52

3 The Executive Engineer, Bhavani - 01.

+1cc to M/S.P.R.Dhilipkumar, Advocate, S.R.No.3449 +1cc to M/s.S.Sivakumar, Advocate, S.R.No.2900 W.P.No.1620 of 2016 rsk(CO) srg(24/02/2016)