S.A.Velan, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34541 of 2015 1.
S.A.Velan Marimuthu Selvan 4.
Subramani 5.
Thangavel 6.
Palanisamy 7.
Semmalayappan 8.
Subramanian 9.
Mani 10.
Jaganathan 11.
Semalai 12.
Arumugam 13.
Shanmugam 14.
Nallasivam 15.
Mani 16.
Maral @ Marammal 17.
Natchiammal 18.
Lakshmi 19.
P.K.Shamugasundaram ... Petitioners Vs.
1.
The Government of Tamilnadu Rep. by Secretary to Government Highways Department Fort St. George Chennai - 600 009.
The Chief Engineer Highways Department Chennai-5.
The Divisional Engineer Highways, Erode Division Erode.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to reinstate the petitioners herein in service so as to enable the regularization of their service and to regularize the service of the petitioners with effect from the date of completion of three years of service in the light of orders issued in Govt. Lr.No.4507/HM2/2009-26, dated 02.06.2011 of the first respondent and Memo No. 604/Nir.4(3)/2009 dated 03.06.2011 of the second respondent and considering our representation dated 20.08.2014.
For Petitioners : Mr. G.Punniyakotti For Respondents : Mr. S.Gunasekar Government Advocate
O R D E R
By consent, the Writ Petition is taken up for final disposal.
The petitioners claimed that they were N.M.R employees putting in service ranging from one year to 18 years with artificial breaks and in terms of the Judgment dated 09.12.2005 made in W.P.No. 36623 of 2004 confirmed in W.A.No. 1260 of 2008 and further confirmed Order in S.L.P.No.C.C.No. 14093 of 2010 dated 27.09.2010, services of some of the petitioners have been regularised and hence, they have come forward to file this Writ Petition.
This Court heard the submissions of Mr. G.Punniyakotti, learned counsel appearing for the petitioners and Mr. S.Gunasekar, learned Government Advocate, who accepts notice on behalf of the respondents, who would submit that the petitioner is making a stail claim and guilty of delay and latches. Even as per the details provided in paragraph number in one of the affidavit, they have worked during the year 1982, 1985, 1988, 1990, 1991, 1992, 1994 and 1996, etc., and as such, they are not entitled to get any relief and prayed for dismissal of this Writ Petition.
4.
Though the petitioners prayed for larger relief, this Court in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioners
either in their representation or in this Writ Petition, directs the second respondent to consider and dispose of the petitioners representation dated 20.08.2014 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
5.
The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsg To 1.
The Secretary to Government The Government of Tamilnadu Highways Department Fort St. George Chennai - 600 009.
The Chief Engineer Highways Department Chennai-5.
The Divisional Engineer Highways, Erode Division Erode.
+1cc to Mr.G.Punniyakotti, Advocate, S.R.No.59011 +1cc to the Government Pleader, S.R.No.59248 W.P.No.34541 of 2015 LRS(CO) CA(19/11/2015)