E.Maheshpriya v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27646 of 2015 E.Maheshpriya ... Petitioner -Vs1. The Secretary to the Government Social Welfare and Nutritious Meal Program Department Fort St. George Chennai-600 009.
2. The Commissioner of Social Welfare 2nd Floor SIDCO Corporate Office old Building T.V.K.Industrial Estate Guindy Chennai-600 032.
3. The District Social Welfare Officer Tirunelveli.
4. The Child Development Project Officer Usilampatti Madurai 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 & 2 to regularize the service of the petitioner in the cadre of Junior Assistant based on the proposal sent by the 4th respondent to the third respondent in Na.Ka.No. 288/2014 dated 14.07.2014.
For Petitioner : Mr.K.Venkataramani senior counsel for M/s.M.Muthappan For R1 to R4 : Mr.V.Subbiah, Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The mother of the petitioner, who was serving as supervisor in Zonal Nutritious Project Office, Periakulam died in harness on 06.01.1991.
The petitioner was given compassionate ground appointment by the second respondent vide order dated 31.08.2007 and she joined duty as Junior Assistant on 07.09.2007 and according to her, she has put in her sincere and unblemished service to the satisfaction of his superior officers. Petitioner would further state that in the year 2009, proposals have been sent by the third respondent to second respondent for regularisation of service and it was returned for certain clarifications and it was also clarified and a fire accident took place in the office of the second respondent during 2012-13 and consequently, records have got razed. In this regard, certain fresh particulars have been called for from the petitioner and once again proposal was sent for regularisation of the services of the petitioner.
3. The grievance expressed by the petitioner is that the services of some of the Junior Assistant, who was appointed through Tamil Nadu Public Service Commission have been regularised and inspite of the positive proposal being sent, her services are yet to be regularised. Hence, the petitioner has come forward to file this writ petition.
4. Heard Mr.K.Venkataramani, learned senior counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of R1 to R4.
5. This Court, in the light of the facts and circumstances, directs first respondent to act on the proposal for regularisation sent by the third respondent as well as the fourth respondent and pass orders as expeditiously as possible, not later than six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
Kua To
1. The Secretary to the Government Social Welfare and Nutritious Meal Program Department Fort St. George Chennai-600 009.
2. The Commissioner of Social Welfare 2nd Floor SIDCO Corporate Office old Building T.V.K.Industrial Estate Guindy Chennai-600 032.
3. The District Social Welfare Officer Tirunelveli.
4. The Child Development Project Officer Usilampatti Madurai District.
+1cc to M/s.M.Muthappan, Advocate, S.R.No.47679 +1cc to the Government Pleader, S.R.No.47880 W.P.No.27646 of 2015 RSI(CO) CA(23/09/2015)