S.Suresh Kumar v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2023

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ 1.S.Suresh Kumar 2.J.Shanmathi 3.E.Sangeetha 4.S.Praba 5.V.Deepalakshmi 6.A.Arul Kumar 7.F.Maria Sangeetha 8.D.Renu Krishnan 9.T.Minmini 10.S.Ambika 11.R.Chandra 12.T.Dhanalakshmi 1/6

13.R.Indumathi 14.T.Ponlekha 15.G.Sasi 16.S.Shyamala 17.V.Thamizharasi 18.A.Kohila 19.R.Manonmani 20.G.Muthumari .. Petitioners Vs.

1.The Principal Secretary, Government of Tamil Nadu, Home (Courts) Department, Secretariat, Chennai - 600 009.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS directing the respondents to consider the representation dated 16.02.2023 to regularize and absorb the service of the petitioners from the date of the respective appointment in the newly created 2/6

post of Computer Operators in the Judicial Department and also to pay all the attending accompanied benefits as accrued thereon within a time frame as stipulated by this Court.

For Petitioners : Mr.P.Gunaraj For R1 : Mr.G.Ameedius Government Advocate For R2 : Mr.A.Durai Eswar

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Seeking a direction to the respondents to consider the representation of the petitioners dated 16.02.2023 to regularize and absorb their service from the date of their respective appointment in the newly created post of Computer Operators in the Judicial Department and also to pay all the attending accompanied benefits as accrued thereon within a time frame as stipulated by this Court.

2.

It is the case of the petitioners that they have been duly appointed as Computer Operators on temporary basis by the Principal 3/6

District Judges through direct recruitment by publishing recruitment notice in newspaper and court website; they were all selected after due process of selection viz. written examination, typing skill test followed by interview; as their posts are temporary in nature, they were artificially terminated by ousting them out year on year and reappointed in service on the very next day; therefore, in order to regularize their service and also to fix appropriate pay band and also to avoid artificial break in service, they have sent a representation dated 16.02.2023 to their respective Principal District Judges and to the Registrar General of Madras High Court; since the same has not been considered till date, the petitioners have preferred the present writ petition with the above prayer.

3.

Heard the learned counsel on both sides and perused the materials available on record.

4.

Considering the limited scope of the prayer sought herein, without going into the merits of the claim of the petitioners, there shall be a direction to the respondents to consider the petitioners' representation dated 4/6

16.02.2023 and pass appropriate 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.

5.

With the above direction, this writ petition stands disposed of. No costs.

[R.M.D., J.] [M.S.Q., J.] 21.04.2023 nsd Index: Yes / No Speaking Order / Non-speaking Order To 1.The Principal Secretary, Government of Tamil Nadu, Home (Courts) Department, Secretariat, Chennai - 600 009.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

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R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd 21.04.2023 6/6