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Madras High CourtWP/21347/2012disposed of

M.Jothi, v. Government Of Tamil Nadu,

2016-08-31Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.Nos.21347 to 21350 of 2012 1.M.Jothi Petitioner-WP.21347/12 2.M.Sivabagiyam Petitioner-WP.21348/12 3.B.Sreekumari Petitioner-WP.21349/12 4.A.Rajeswari Petitioner-WP.21350/12 Vs 1.The Government of Tamil Nadu by Secretary to Government Home (Prison) Department, Secretariat, Chennai-9 2.The Additional Director of General of Prisons Chennai-8 3.The Superintendent, Central Prison Salem Respondents in all WPs Prayer:- These Writ Petitions are filed to issue a Writ of Mandamus to direct the 1st Respondent to consider the representation of the Petitioners dated 8.7.2011 and 8.10.2011, respectively and pass orders granting them revision of date of regularization of their services with effect from the date of their initial appointment and to grant them all consequential service and monetary benefits.

For Petitioner :

Mr.M.Ravi For Respondent :

Mr.K.Rajendra Prasad, GA

ORDER

These Writ Petitions are filed to issue a Writ of Mandamus to direct the 1st Respondent to consider the representation of the Petitioners dated 8.7.2011 and 8.10.2011 and pass orders granting them revision of date of regularization of their services with effect from the date of their initial appointment and to grant them all consequential service and monetary benefits.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments by the learned counsel on either side, the learned counsel for the Petitioners has confined the prayer to the limited extent of disposing of the representations of the Petitioners in the light judgement of this court dated 26.04.2010 made in WA.Nos.179 and 180 of 2009.

4. According to the Petitioners, they have been regularized in the year 2006. But, the learned counsel for the Respondents, by filing a counter, would contend that in the said judgement, it has been categorically stated that it will be applicable only from the date of the original application and that the GO is of the year 2008 subsequent to the regularization and the relaxation was given in the year 2008 by the Government and therefore, in the light of those things, they will consider the representation of the Petitioners accordingly.

5. Considering the submissions of the learned counsel on either side, the representations of the Petitioners dated 8.7.2011 and 8.10.2011 are directed to be disposed of by the authorities concerned in the light of the judgement of this court referred to above, within a period of four months from the date of receipt of a copy of this order. It is also made clear that the representations of the Petitioner are only in so far as the Petitioners herein alone are concerned and it will not enure any benefit to anybody other than the Petitioner.

6. With the above directions, these Writ Petitions are disposed of. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

Srcm

To:

1.The Government of Tamil Nadu by Secretary to Government Home (Prison) Department, Chennai-9 2.The Additional Director of General of Prisons Chennai-8 3.The Superintendent, Central Prison Salem 4 The Secretary to Govt., Home (Prison 2) Dept., Chennai 9 +5 CC to Mr. M. Ravi, Advocate Sr.No.49640 +1 CC to Govt., Pleader, High Court, Madras Sr.No.49794 WP.Nos.21347 to 21350 of 2012 CA (CO) MD : 22/09/2016