S.K.Murugesan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.01.2016
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1657 of 2016 & W.M.P.No.1454 of 2016 1.S.K.Murugesan 2.M.Gandhi 3.K.Settu 4.A.Veeraraghavan 5.M.Ganesan 6.K.Dakshinamoorthy 7.M.Sundar 8.S.Jothisankar 9.A.Panneerselvam 10.T.Manjula 11.P.Lakshmi 12.A.Rajalakshmi 13.A.Rajam 14.E.Sangeetha 15.P.Sambasivam 16.V.Remi 17.K.Shanmugam 18.K.Kumar 19.K.Devendran 20.M.Govindaraj 21.S.Adhilakshmi 22.P.Anjalai 23.K.Kuppusamy 24.K.Sankar 25.M.Subramanian 26.G.Sakthiyakala 27.A.Sakthi 28.V.Paranthaman 29.R.Ramachandran 30.N.Devanathan 31.C.Sivasankar 32.D.Velankanni 33.P.Kalaivani 34.M.Ambika 35.P.Nedunchezhiyan 36.J.Perumal 37.V.Manickam 38.R.Vimala 39.C.Saroja 40.M.Devaki
41.A.Meenakshi 42.G.Sekar 43.K.Nagaraj 44.S.Jeya 45.K.Chandrakumar 46.M.Thavapillai 47.T.Rajendrababu 48.R.Selvam 49.M.Vemurugan 50.R.Elavarasan 51.A.Jayanthi 52.R.Anbarasi 53.A.Kamatchi 54.M.Karuthapillai 55.A.Chellan 56.M.Natarajan 57.R.Amutha 58.M.Singaravel 59.K.Kaliyamoorthy 60.K.Yesubalan 61.A.Manimaran 62.A.Anandan 63.C.Palaniyapillai 64.V.Kariyaraman 65.P.Mariammal 66.S.Iyyappan 67.V.Chellaiah 68.T.Dhanam 69.K.Kumar 70.T.Muthusamy 71.S.Devajagan Mohan 72.E.Madurai 73.K.Chitra 74.M.Venkatesan 75.K.Janaki 76.R.Sadhasivam 77.P.Veeravel 78.A.Samy 79.P.Mayakannan .. Petitioners Vs.
1. The State of Tamil Nadu, Rep.by its Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.
3. The District Collector, Villupuram District, Villupuram.
4. The District Adi Dravidar & Tribal Welfare Officer, Villupuram District, Villupuram.
5. The District Employment Officer, District Employment Office, Villupuram District, Villupuram.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioners for promotion / regular appointment to the post of Cooks in Adi Dravidar Welfare Department, Villupuram District in the existing vacancies before resorting to direct recruitment to fill up the post of Cooks and to appoint the petitioners as Cooks in the regular time scale of pay with all consequential benefits by considering the representations submitted by the petitioners dated 04.01.2016. For Petitioners : Mr.G.Sankaran For Respondents : Mr.S.Gunasekaran Government Advocate
O R D E R
By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
2.It is the case of the petitioners that they were appointed as Sanitary Workers through District Employment Exchange, Villupuram, based on the orders of the Government issued in G.O.Ms.No.26, Adi Dravidar and Tribal Welfare Department, dated 25.02.2011 and they joined duty in the year 2012 in the Government Tribal Residential Schools and Hostels. It is further stated that in addition to their duties as Sanitary Workers, whenever the post of Cook in the hostel fell vacant or when the regular Cook goes on leave, the petitioners had been attending the work of Cook also.
3.The petitioners would state that if there is vacancy in the post of Cook, the respondents used to appoint the persons, who are scavengers. Without considering the case of the petitioners, the second respondent issued a notification for appointment of Cook and therefore, the petitioners gave representations dated 04.01.2016 and 05.01.2016 to the respondents 3 and 4 respectively. The petitioners would further state that there are totally 34 vacancies and the petitioners are fully qualified and eligible to be appointed as Cooks. Since the representations had not been considered, the present Writ Petition has been filed by the petitioners.
4.Heard the submissions of Mr.G.Sankaran, learned counsel appearing for the petitioners and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.
5.This Court, in the light of the above facts and circumstances and without going into merits of the case, directs the petitioners to submit one more representation to the second respondent by enclosing a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. The second respondent, on receipt of the same, is directed to consider the said representation, on merits and in accordance with law and pass appropriate orders, within a period of six weeks therefrom and communicate the decision taken, to the petitioners.
6.With the above said direction, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
sri s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To
1. The Secretary to Government, State of Tamil Nadu, Adi Dravidar & Tribal Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.
3. The District Collector, Villupuram District, Villupuram.
4. The District Adi Dravidar & Tribal Welfare Officer, Villupuram District, Villupuram.
5. The District Employment Officer, District Employment Office, Villupuram District, Villupuram.
+ 1 cc to Mr.G.Sankaran, Advocate SR 317916 + 1 cc to Govt.Pleader, High Court, Madras 3314 ca(co) prk25/1 W.P. No.1657 of 2016& W.M.P.No.1454 of 2016