K.Vijaya, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.1434 to 1450/2017 K.Vijaya ..Petitioner in W.P.No.1434/2017 G.Amudha ..Petitioner in W.P.No.1435/2017 V.Devi ..Petitioner in W.P.No.1436/2017 G.Geetha ..Petitioner in W.P.No.1437/2017 P.Jayavelu ..Petitioner in W.P.No.1438/2017 V.Kamatchi .. Petitioner in W.P.No.1439/2017 S.Kalaiselvi .. Petitioner in W.P.No.1440/2017 M.Kuttiyammal .. Petitioner in W.P.No.1441/2017 A.Lakshmanan .. Petitioner in W.P.No.1442/2017 K.Lakshmi .. Petitioner in W.P.No.1443/2017 M.Lakshmi ..

Petitioner in W.P.No.1444/2017 M.Parimala ..

Petitioner in W.P.No.1445/2017 M.Ponlakshmi .. Petitioner in W.P.No.1446/2017 Shayeedha ..Petitioner in W.P.No.1447/2017 M.Uma .. Petitioner in W.P.No.1448/2017 S.Vijaya ..Petitioner in W.P.No.1449/2017 K.Vijayalakshmi ..

Petitioner in W.P.No.1450/2017 Vs

1.The District Collector, Vellore.

2.The District Elementary Educational Officer, Office of the District Elementary Education, Vellore District.

3.The Additional Asst. Elementary Educational Officer, Office of the Asst.Elementary Education, Thimiri Union, Thimiri, Vellore District.

..

Respondents in all the WPs Common Prayer :- Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay the arrears of Salary from December 2014 and consequentially direct the respondents to regularise the petitioners' employment as sanitary workers. For Petitioners in all WPs :

Mr.Krishna Ravindran For Respondents :

Mr.Dhananjayan, Spl.GP all WP's COMMON ORDER By consent, the writ petitions are taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.

The petitioners claim to have been working as Sanitary Workers in the following Schools:- 1434/2017 School, Ayiramangalam March 1993 1435/2017 School, Kannadipalayam 01.07.2002

1436/2017 School, Vandikkal Village, Thimiri Union, Arcot Taluk, Vellore District 06.03.2003 1437/2017 School, K.Pudhur Village, Thimiri Union, Arcot Taluk, Vellore District 01.01.2003 1438/2017 School, Chinnathakkai 07.08.2007 1439/2017 School, Melapazhanthai 01.08.1993 1440/2017 School, Vellambi Village, Thimiri Union, Arcot Taluk, Vellore District 20.07.2005 1441/2017 School, Paratharami Village, Thimiri Union, Arcot Taluk, Vellore District 01.07.2006 1442/2017 School, Pazhayanur Village, Thimiri Union, Arcot Taluk, Vellore District 02.08.2002 1443/2017 School, Varakur Village, Thimiri Union, Arcot Taluk, Vellore District 01.01.2005 1444/2017 School, Chittanthangal 01.06.1993 1445/2017 School, Venkatapuram The year 2003

1446/2007 School, Pinnathangal 28.01.2005 1447/2017 School, Kalavai Muslim January 2012 1448/2017 School, Mambakkam Village, Thimiri Union, Arcot Taluk, Vellore District 02.04.2005 1449/2017 School, Thimiri Kottai 01.02.2007 1450/2017 School, Mazhaiyur Village, Thimiri Union, Arcot Taluk, Vellore District 02.08.2002 The petitioners would aver that their appointments as Sanitary Workers were also subsequently approved by the Resolution passed by the Local Body and they continue to work with a meager salary.

It is the claim of the petitioners that their employment is continuous and some time, the salaries due and payable to them, have not been paid also and they repeatedly made representations to the 1st respondent through proper channel for regularisation of their services as Sanitary Workers and to confer all consequential benefits and despite the receipt and acknowledgment of the same, no orders have been passed and therefore, they came forward to file these writ petitions.

regularise their services and therefore, they are constrained to file these writ petitions. The learned counsel also expresses that even the meager salary due and payable to the petitioners, by virtue of their present employment, have not been paid. Per contra, Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would contend that the petitioners, as a matter of right, cannot claim regularisationand their employment is only part-time in nature and as such, they are not entitled to be regularised and taking into consideration, the plea made by the learned counsel for the petitioner, the learned Special Government Pleader prays that appropriate direction may be issued to the respondents 2 and 3 to consider and dispose of the petitioners' representations as expeditiously as possible and in accordance with law.

This Court has carefully considered the rival submissions and also perused the materials placed before it. Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners either in their respective representations or in these writ petitions, directs the respondents 2 and 3 to consider and dispose of the petitioners' individual representations dated 06.10.2016 [WP.Nos.1434 to 1437, 1439, 1440, 1442 to 1450/2017] ; 25.07.2015 [WP.Nos.1438 & 1441/2017] on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.

In the light of the plea made by the learned counsel for the petitioners, the respondents 2 and 3 are further directed to pay the salaries, due and payable to the petitioners, if any, as expeditiously as possible and not later than four weeks from the date of receipt of a copy of this order.

The writ petitions stand disposed of with the above directions. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar AP To 1.The District Collector, Vellore.

2.The District Elementary Educational Officer, Office of the District Elementary Education, Vellore District.

3.Additional Asst. Elementary Educational Officer, Office of the Asst.Elementary Education, Thimiri Union, Thimiri, Vellore District.

+17 ccs to Mr.Krishna Ravindran Advocate sr 4041 to 4057 +1 cc to Government Pleader sr 4300 W.P.Nos.1434 to 1450/2017 kj(co) aa08/02/2017