Mr. J.Vincent, v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-08-2015
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.23655 of 2015 and M.P.No.1 of 2015 1 Mr. J.Vincent S/o. Mr.Joseph Plot No.1 Kakkanji Nagar Thiruvalluvar Street Pattabiram Chennai-72. 2 Mr.K.Nagarajan S/o. Kuppandi SIDCO Industrial Estate Theni-625 531.
3 Mr.P.Pathran S/o. Mr.Palani Kollupalayam Kudimangalam Udumalai Taluk Tirupur District.
4 Mr.M.Arumugam S/o.Mr.Maran No.4/252 Sotmedu Vallipuram Post Kunnathur (Via) Avinashi Taluk Tirupattur District-638 103.
5 Mr.M.Meenakshisundaram S/o. Mr.Muniyandi Pillai Muthukudi Rajapalayam, Virudhunagar District.
6 Mr.G.Mayilvakanan S/o.Mr.Gurusamy No.80 Rajapalayam Main Road Mamspuram Srivilliputhur Taluk Virudhunagar District.
7 Mr.R.Ravikumar S/o. Ranganathan, SIDCO, Coimbatore.
8 Mr.V.Ramakrishnan S/o. Vellaisamy No.223/2 N.Pudur Nallamanaickenpatti Post, Rajapalayam Taluk Virudhunagar District-626 102.
9 Mr.M.Kader Sulthan S/o. Mohamed Raja 1417 WCR-I Sidco Estate Devakottai Rastha Karaikudi-630 005.
10 Mr.V.Kuppusamy S/o.Varadhan Moliyanur Village Kokipannai Kattuvalaivu Pappirapatti Taluk Dharmapuri. 11 Mr.M.Kumar S/o. Mariappan No.2/312 Ekkundi Agraharam Post Krishnagiri District-635 002.
...Petitioners
Vs 1 The Principal Secretary MSME Department, Secretariat, Fort St.George Chennai-600 009.
2 The Managing Director Tamil Nadu Small Industries Development Corporation SIDCO Electronics Complex Thiru.Vi.Ka.Industrial Estate, Guindy Chennai-600 032.
...Respondents
Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to regularizing the services of the petitioners herein based upon G.O.No.91 dt 10.7.2009 with all attended benefits as requested by them in their representation dt 13.7.2015 For petitioners :
Mr. R. Kannan For respondents :
Mr. R. Vijayakumar, AGP for R1 Mr. Abdul Saleem for SIDCO (R2)
ORDER
By consent, the main writ petition is taken up for final hearing. 2.
The petitioners would claim that they joined the services of the second respondent as NMRs and since their service were not regularised, they have filed several writ petitions before this
Court. In pursuance of the orders passed by this Court, the 2nd respondent was directed to consider the claim of the petitioners based upon G.O.No.91, Micro Small and Medium Enterprises (c) Department dated 10-07-2009 regularising the services of NMRS who had completed ten years of service. The persons who are similarly placed have filed W.P.No.4772 of 2004 and by order dated 22-07-2009 had directed the concerned official respondents to consider the same in the light of the G.O., and pass appropriate orders within a stipulated time and also granted liberty to them to agitate separately by a proper representation for the consequential service benefits.
3.
The second respondent has also sent a proposal dated 30-032012 in Rc.No.14382/B-2/2010 praying for regularisation of 21 NMRs and to post them in the existing vacancies. The petitioners have also through their lawyer sent a notice dated 09-03-2015 praying for regularisation of their service in accordance with the above cited G.O. The petitioners joining together had also submitted another representation dated 13-07-2015 to the respondents. Since no orders are passed, they have come forward with this writ petition. 4.
Mr. R. Vijayakumar, learned Additional Government Pleader appears for the first respondent and Mr. Abdul Saleem, learned counsel for the second respondent.
5.
Though the petitioner prayed for a larger relief, this Court without going into the merits of the case projected by them, directs the second respondent to consider the representation of the petitioners, dated 13-07-2015 on merits and in accordance with law after taking into consideration the G.O.No.91, Micro Small and Medium Enterprises (c) Department, dated 10-07-2009 and also the notice of the petitioners, dated 09-03-2015 and pass orders within a period of twelve weeks and communicate the decision taken to the petitioners. 6.
The writ petition is disposed of, accordingly. No costs. The connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
glp To 1 The Principal Secretary MSME Department, Secretariat, Fort St.George Chennai-600 009.
2 The Managing Director Tamil Nadu Small Industries Development Corporation SIDCO Electronics Complex Thiru.Vi.Ka.Industrial Estate, Guindy Chennai-600 032 1 CC to Mr. R. Kannan, Advocate SR.No. 40470 1 CC to the Government Pleader, SR.No. 40426 W.P.No.23655 of 2015 GGK (CO) PSI (14.09.2015)