M.Chakravarthi v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27395 of 2015 & M.P.No.1 of 2015 1 M.Chakravarthi 2 A.Bharathi 3 M.Sivasankari 4 M.Sakthivel 5 J.Kulanthaivel 6 P. Jayamoorthi 7 R.Nambi 8 P.Thanikachalam 9 P.Sadhanandham 10 S.Annadurai 11 K.Kalaiyamoorthi 12 K.Subramanian 13 J.Baskaran 14 I.Sivasankaran 15 S.Elumalai 16 A.Kirubakaran 17 G.Manisekar 18 V.Malaiyan 19 S.Murugesan 20 C. Panchatcharam 21 K.Subramanian 22 C.Raja 23 A.Latha 24 G.Chandra 25 P.Latha 26 M.Amudha 27 M.Selvi 28 Pushpa 29 P.Kanagambal 30 P.Kolanji 31 M.Vasanthi 32 I.Sathiya ... Petitioners v.
1 State of Tamilnadu Rep. by Commissioner Adi-Dravidar and Tribal Welfare Department, Chepauk Chennai- 600 005.
2 Director Adi-Dravidar and Tribal Welfare Department Chepauk Chennai-5.
3 District Adi Dravidar Welfare Officer Cuddalore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider and promote the Writ Petitioners to the post of Cook and also pay time scale of pay as it was done in the case of the Petitioners seniors w.e.f the date of filing of this Writ Petition and pay the consequential monetary service and other benefits from the date of the Writ Petition.
For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.V.Subbiah, Spl. Govt. Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioners got registered their names in the jurisdictional Employment Exchange and their names were sponsored and the respondents by proceedings dated 19.12.2011 has appointed them as Sanitary Workers for the Hostels run by them on consolidated pay and the details of their postings were stated in paragraph No.5 of the affidavit filed in support of the writ petition. The grievance expressed by the petitioners is that wages are much less than the minimum wage fixed by the Government. Though they have put in service for more than four years and they have requested the 4th respondent to appoint them as Cook and pay them the time scale of pay, they have not been favoured with any kind of response and hence, came forward to file this writ petition.
3. Mr.S.Saravana Kumar, learned counsel appearing for the petitioner submitted that Adi-Dravidar and Tribal Welfare Department has passed proceedings dated 1.12.2010 and 19.12.2011 respectively. The learned counsel for the petitioner would further submit that the petitioners in this regard submitted representations dated 09.09.2013, 11.11.2013 and 23.11.2014 to the second respondent.
Since no orders have been passed, came forward to file this writ petition.
4. The learned counsel appearing for the petitioners would draw the attention of this Court to the letter of the 2nd respondent dated 17.07.2013 addressed to the President of their Association stating that necessary proposal for conferment of the time scale has already been forward to the Government and the same is pending consideration and hence prays for appropriate orders.
5. Heard the submissions of learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of respondents.
6. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the case, directs the respondents to consider and dispose of the petitioner's representations dated 09.09.2013, 11.11.2013 and 23.11.2014, after taking note of the letter of the 2nd respondent dated 17.07.2013 in Na.Ka.No.tha.1/3972/2013, and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar Rj To 1 The Commissioner Adi-Dravidar and Tribal Welfare Department, Chepauk Chennai- 600 005.
2 The Director Adi-Dravidar and Tribal Welfare Department Chepauk Chennai-5.
3 The District Adi Dravidar Welfare Officer Cuddalore District.
+1 cc to Mr.S.SaravanaKumar, Advocate sr.47055 +1 cc to Government Pleader sr.47628 W.P.No.27395 of 2015 & M.P.No.1 of 2015 aa16/09/2015