Madras High CourtWP/28819/2015disposed of

Maria v. State Of Tamil Nadu

2015-09-14Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 11.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28819/2015 1.Maria 2.Suguna 3.M.Kalaimani 4.A.Anbukarasi ..

Petitioners

Versus

1.The Secretary, State of Tamil Nadu, Disabled & Physically Challenged Department Fort St George, Chennai - 600009.

2.The Commissioner, Social Welfare & Physically Challenged K.K.Nagar, Chennai.

3.The District Social Welfare Officer Krishnagiri.

4.The Correspondent Manns School for the Mentally Retarded IELC, Barugur-635104, Dharmapuri District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the first respondent herein to consider the representation of the petitioners seeking regularisation in the light of the recommendation of the 3rd respondent dated 19.04.2012 and 11.07.2013 withina time frame to be fixed by this Court.

For Petitioners : M/s.Dakshayani Reddy For RR 1 to 3 : Mr.R.Vijayakumar, AGP

O R D E R

By consent, the writ petition is taken up for final disposal. The petitioners 1 and 2 were appointed as "Cooks" and the

petitioners 3 and 4 were appointed as "Ayahs". According to them, they are working on a consolidated pay in the sanctioned post for the past 20 years, getting monthly pay ranging between Rs.170 and Rs.495/- and they are taking care of children with special needs. The petitioners have submitted a representation praying for regularisation of their services based upon G.O.Ms.No.67, Backward Class and Most Backward Class Department, dated 02.07.1998 and according to them, they also satisfied the conditions stipulated in G.O.Ms.No.74, P&AR Department, dated 27.06.2013. it is their case that the 3rd respondent has also made a positive recommendation to the 2nd respondent, vide proceedings in Na.Ka.No.776/2012 dated 19.04.2012 and 11.07.2013 respectively. The petitioners have also submitted a representation on 09.10.2013 to the 2nd respondent and since no orders have been passed, they came forward to file this writ petition.

Heard the submissions of the learned counsel for the petitioners and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3. This Court in the light of the limited scope of the prayer sought for by the petitioners and taking note of the above facts and circumstances, directs the 2nd respondent to act on the proposal of the 3rd respondent dated 19.04.2012 and 11.07.2013 respectively made in Na.Ka.No.776/2012 and also consider and dispose of the petitioner's representation dated 09.10.2013 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. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar AP To 1.The Secretary to Government, State of Tamil Nadu, Disabled & Physically Challenged Department Fort St George, Chennai - 600009.

2.The Commissioner, Social Welfare & Physically Challenged K.K.Nagar, Chennai.

3.The District Social Welfare Officer Krishnagiri.

4.The Correspondent Manns School for the Mentally Retarded IELC, Barugur-635104, Dharmapuri District.

1 cc to M/s.Dakshayani Reddy , Advocate Sr.No.49923 1 cc to Government Pleader.Sr.No.50285 W.P.No.28819/2015 km(co) pmk.30.9.2015