S.Murugesan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition Nos.20553 to 20555 of 2016 W.P.No.20553 of 2016 :- 1.S.Murugesan 2.V.Ammasai 3.A.K.Dhamodharan 4.N.Chenni 5.S.Isbahani 6.G.Palanimuthu .. Petitioners Vs.
Chennai-9.
Chepauk, Chennai-5.
Chepauk, Chennai-5.
4.The Deputy Commissioner Sathiyamangalam, Erode.
5.The Assistant Commissioner Park Road Region, Erode.
6.The Assistant Commissioner Bhavani, Erode.
7.The Assistant Commissioner Hosur.
8.The Assistant Commissioner Arisipalayam, Salem.
9.The Assistant Commissioner Suramangalam, Salem.
.. Respondents W.P.No.20554 of 2016 :- 1.A.Jegannathan 2.I.Thanagavelu 3.K.Lakshmi 4.P.Subramaniyan 5.A.Subramani 6.P.Velan 7.A.Thangavelu 8.S.Samsutheen 9.P.Sailya Junnaithee .. Petitioners Vs.
Chennai-9.
Chepauk, Chennai-5.
Chepauk, Chennai-5.
4.The Assistant Commissioner Dharmapuri.
5.The Deputy Commissioner Salem.
6.The Assistant Commissioner Salem Town West, Salem.
7.The Assistant Commissioner Commercial Tax Department (Enforcement) Dharmapuri.
8.The Deputy Commissioner Joint Commercial Tax Department Salem.
9.The Assistant Commissioner Namakkal (Rural).
10.The Assistant Commissioner Chithode Region, Erode.
11.The Assistant Commissioner Erode.
12.The Assistant Commissioner Kankayam, Erode.
.. Respondents W.P.No.20555 of 2016 :- 1.N.Nanthana 2.R.Selvi .. Petitioners Vs.
Chennai.
Chepauk, Chennai.
Chepauk, Chennai.
4.The Deputy Commissioner Namakkal.
5.The Assistant Commissioner Erode.
.. Respondents
Writ Petitions filed under Article 226 of the constitution of India to issue Writ of Mandamus, to direct the respondents to consider the representations of the petitioners, dated 24.02.2016 and to extend the benefits of G.O.(2D) No.30 Commercial Taxes and Registration (A1) Department, dated 21.05.2015 and to regularize the service of the petitioners in W.P.Nos.20553 & 20554 of 2016 and to regularize the service of the husband of the petitioners respectively in W.P.No.20555 of 2016, on completion of 10 years from the date of initial appointment and consequently, to count 50% of service rendered as casual labours before regularization for the purpose of pension benefits along with the regular service. The petitioners in W.P.No.20555 of 2016 further seeks to disburse the family pension benefits to them.
For Petitioners :
Mr.R.Narayanan in all WPs.
For Respondents :
Mr.S.Kanmani Annamalai in all WPs.
COMMON ORDER By consent, these Writ Petitions are taken up and disposed of at the admission stage itself.
2. These Writ Petitions have been filed to issue Writ of Mandamus, to direct the respondents to consider the representations of the petitioners, dated 24.02.2016 and to extend the benefits of G.O.(2D) No.30 Commercial Taxes and Registration (A1) Department, dated 21.05.2015 and to regularize the service of the petitioners in W.P.Nos.20553 & 20554 of 2016 and to regularize the service of the husband of the petitioners respectively in W.P.No.20555 of 2016, on completion of 10 years from the date of initial appointment and consequently, to count 50% of service rendered as casual labours before regularization for the purpose of pension benefits along with the regular service. The petitioners in W.P.No.20555 of 2016 further seeks to disburse the family pension benefits to them.
3. The petitioners in W.P.Nos.20553 & 20554 of 2016 & husband of the petitioners respectively in W.P.No.20555 of 2016 were appointed as casual labours on daily wage basis in the years between 1982 to 1989 in the Commercial Tax Office. The Government of Tamil Nadu issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, to regularise the service of daily wage employees working on daily wage basis in various departments on completion of 10 years of service. Subsequently, the services of the petitioners in W.P.Nos.20553 & 20554 of 2016 & husband of the petitioners respectively in W.P.No.20555 of 2016 were regularised by the
1st respondent, but, their services were regularized only from the date of the order, dated 11.11.2008. The petitioners in W.P.No.20553 of 2016 retired from service, after completing 31 to 33 years of service, on attaining the age of superannuation. The petitioners in W.P.No.20554 of 2016 have put in more than 19 to 26 years of service before regularisation and they are still continuing in service. The husband of the petitioners respectively in W.P.No.20555 of 2016, viz., Nagarajan and Ramasamy, have died after completing nearly 24 and 32 years of service. The grievance of the petitioners is that in view of regularisation of their service from the date of order alone, the respondents are not taking into consideration of the service rendered by them as casual labours for pension benefits.
According to the petitioners, the respondents have failed to regularize their service from the date of completion of their ten years and also failed to provide pension to them by counting 50% of their service before regularisation, as per G.O.(2D) No.30, Commercial Taxes and Registration (A1) Department, dated 21.05.2015. In this regard, the petitioners have sent several representations to the respondents and last of such representations are dated 24.02.2016. As there was no response, the petitioners have come up with these Writ Petitions.
4. Mr.R.Narayanan, the learned counsel for the petitioners would submit that the petitioners would be satisfied, if their representations, dated 24.02.2016, are directed to be considered by the 1st respondent and appropriate orders are passed, in the light of G.O.(2D) No.30, Commercial Taxes and Registration (A1) Department, dated 21.05.2015.
5. Mr.S.Kanmani Annamalai, the learned Standing Counsel, who takes notice on behalf of the respondents, has got no serious objection in directing the 1st respondent to consider the representation of the petitioners and to pass appropriate orders, on merits and in accordance with law.
6. Considering the limited relief sought for by the petitioners, this Court, without going into the merits of the claim made by the petitioners, directs the 1st respondent to consider the representations of the petitioner, dated 24.02.2016, and pass appropriate orders, on merits and in accordance with law, in the light of G.O.(2D) No.30, Commercial Taxes and Registration (A1) Department, dated 21.05.2015, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioners.
7. These Writ Petitions are disposed of accordingly. No costs.
-s/dAssistant Registrar(CSV) True Copy Sub-Assistant Registrar To Chennai-9.
Chepauk, Chennai-5.
Chepauk, Chennai-5.
4.The Deputy Commissioner Sathiyamangalam, Erode.
5.The Assistant Commissioner Park Road Region, Erode.
6.The Assistant Commissioner Bhavani, Erode.
7.The Assistant Commissioner Hosur.
8.The Assistant Commissioner Arisipalayam, Salem.
9.The Assistant Commissioner Suramangalam, Salem.
10.The Assistant Commissioner Dharmapuri.
11.The Deputy Commissioner Salem.
12.The Assistant Commissioner Salem Town West, Salem.
13.The Assistant Commissioner Commercial Tax Department (Enforcement) Dharmapuri.
14.The Deputy Commissioner Joint Commercial Tax Department Salem.
15.The Assistant Commissioner Namakkal (Rural).
16.The Assistant Commissioner Chithode Region, Erode.
17.The Assistant Commissioner Erode.
18.The Assistant Commissioner Kankayam, Erode.
19.The Deputy Commissioner Namakkal.
20.The Assistant Commissioner Erode.
+3 ccs to Ms.H.Arumugam Advocate sr.33449 Writ Petition No.20553 to 20555 of 2016 rsy(co) aa29/06/2016