Madras High CourtWP/23312/2018disposed of

R.Arul, v. The Chairman,

2018-09-07Honourable Dr. Justice S. Vimala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.23312 of 2018

1. R.Arul

2. K.Bharathidasan

3. C.Ganesh

4. S.Ezhilarasi

5. R.Suresh Babu

6. D.Ganesan

7. J.Senthil

8. A.Bala Murali Krishnan

9. J.Jagadeesan 10.P.Narayanan 11.S.Sabari Rajan 12.R.Madurai Veeran 13.J.Valavan 14.A.Srinivasan 15.E.Srinivasan 16.R.Srinivasan 17.C.Thirumal 18.K.Santhosh 19.R.Ravishankar 20.P.Rajeswari 21.R.Rajeswari 22.K.Niraimathy 23.K.Girija 24.Shareed Kuttambally 25.M.Deepak 26.T.K.Shamna 27.K.Anupama 28.V.Geetha 29.R.Anand 30.D.Arun Kumar 31.E.Athibass 32.K.Baskar 33.J.Bremanand 34.K.Chandirasekaran 35.M.Deenathayalan 36.A.Devanayaki 37.P.Devanathan 38.M.Deivasigamani 39.K.Ezhumalai 40.G.Saravanan 41.K.Ganesh @ Banu 42.J.Geetha 43.P.Govindammal 44.M.Gowri 45.S.Indira

46.J.Jayalakshmi 47.M.Johnson 48.V.Karthikeyan 49.P.Kavida 50.S.Kavida 51.A.Kumari 52.R.Lecon Lamartin 53.B.Maheswari 54.S.Maheswari 55.J.Mohanapriya 56.A.Nagarajan 57.V.Natarajan 58.P.Paramasivam 59.V.Parichittu 60.V.Poongodi 61.V.Poorani 62.K.Prabakaran 63.Prabatt 64.R.Pratab 65.N.Prema 66.Punithavathi 67.A.Rajalakshmi 68.V.Ramachandran 69.G.Saraswathy 70.R.Selvaraj 71.S.Shanmugasundaram 72.R.Sittaraman 73.G.Sivaraman 74.P.Soundararadjou 75.S.Sudha 76.M.Suganthi 77.G.Suresh 78.A.Thangammal 79.C.Umamaheswari 80.M.Vasanthi 81.G.Vijayarangan 82.T.Vimaladithan 83.E.Vinoth 84.C.Lalitha 85.M.Santhosh 86.R.Dhivya 87.M.Murugan ....Petitioners Vs

1. The Chairman Indira Gandhi Medical College and Research Institute-cum-Chief Secretary to Government Chief Secretariat, Puducherry 605 001.

2. The Director Indira Gandhi Medical College and Research Institute, Vazhudavoor Road, Puducherry-605 009. ....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representation dated 01.09.2016 and lastly filed on 13.08.2018 and 14.08.2018 based on the minutes of the 15th Governing Body Meeting held on 22.2.2016 wherein the Chairman desired that action may be initiated to absorb the multipurpose workers working on consolidated remuneration basis into regular establishment by creating equal number of posts.

For Petitioners :

Mr.P.Suresh

O R D E R

This writ petition has been filed by the petitioners seeking for writing of mandamus directing the first respondent to consider their representation dated 01.09.2016 and lastly filed on 13.08.2018 and 14.08.2018 based on the minutes of the 15th Governing Body Meeting held on 22.2.2016.

2. The petitioners have been employed as multipurpose workers and they are receiving consolidated remuneration. The respondent institution has been established in the year 2010 by the Government of Puducherry and it is an autonomous institution affiliated to the Puducherry University. The petitioners herein have registered themselves in Puducherry Employment Exchange and they were offered the post of multipurpose worker on contract basis initially for a period of one year on a consolidated remuneration of Rs.8,100/- per month by the duly constituted selection committee on 27.02.2011. Thereafter, they were disengaged on the expiry of the contract period on 27.02.2012.

After repeated requests, the governing body of the institute decided to re-engage the petitioners and the petitioners were re-appointed as Multipurpose workers on consolidated remuneration on 26.02.2016. Due to change of government, the petitioners were relieved from services on 23.04.2016. A representation dated 01.09.2016 was sent to the Chairman-cumChief Secretary to Government & The Director, Indira Gandhi Medical College and Research Institute, Puducherry, requesting for re-employment.

2. It is represented by the learned counsel for the petitioners that in the 15th governing body meeting of Indira Gandhi Medical College and Research Institute, Puducherry held on 22.02.2016, it was resolved that action may be initiated to

absorb the multipurpose workers working on consolidated remuneration basis into regular establishment by creating equal number of posts. Though such a resolution has been passed as early as on 22.02.2016, no further action has been taken thereafter, and that has made the workers to make subsequent representation dated 01.09.2016. Despite such representation, no action has been taken based on the resolution passed by the governing body of the first respondent insitution, which has made the petitioners to file the present writ petition seeking direction to the respondent to consider their representation dated 01.09.2016.

3. Having regard to the limited scope of the prayer and having regard to the resolution passed by the 15th governing body meeting of the Indira Gandhi Medical College and Research Institute, Puducherry dated 22.02.2016, the respondents are directed to consider the representation of the petitioners dated 01.09.2016 in terms of the resolution of passed by the 15th governing body of the institution and to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

4. With these directions, the writ petition is disposed of. No costs. Consequently, connected W.M.P.is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kst

1. The Chairman Indira Gandhi Medical College and Research Institute-cum-Chief Secretary to Government Chief Secretariat, Puducherry 605 001.

2. The Director, Indira Gandhi Medical College and Research Institute, Vazhudavoor Road, Puducherry-605 009 +1cc to Mr.P.Suresh, Advocate, S.R.No.62001.

W.P.No.23312 of 2018 SJ(CO) rrs 24/09/2018