Dr.K.Vanitha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :27.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.Nos.16633, 16637, 16639, 16640, 16643, 16646, 16650, 16652, 16653, 16655 of 2019 and W.M.P.Nos.16261, 16264, 16266, 16267 16269, 16274, 16276, 16279, 16280 and 16282 of 2019 Dr.K.Vanitha ... Petitioner in WP.No.16633/2019 Dr.K.Ayyakkannu ... Petitioner in WP.No.16637/2019 Dr.P.Alagurajan ... Petitioner in WP.No.16639/2019 Dr.G.Parimala Leela ... Petitioner in WP.No.16640/2019 Dr.C.Vijayavishnu ... Petitioner in WP.No.16643/2019 Dr.A.Susaimarinixou ... Petitioner in WP.No.16646/2019 Dr.P.Keerthi ... Petitioner in WP.No.16650/2019 Dr.K.Narayanasamy ... Petitioner in WP.No.16652/2019 Dr.P.Ramkumar ... Petitioner in WP.No.16653/2019 Dr.M.Senthilkumar ... Petitioner in WP.No.16655/2019 Vs.
1. The Secretary to Government, Animal Husbandry Dairying and Fisheries Dept., Secretariat, Chennai - 9.
2. The Director of Animal Husbandry & Veterinary Services, O/o. The Director of Animal Husbandry & Veterinary Services, Central Officer Building Block II, Chennai - 6.
3. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.
... Respondents in all WPs
Common Prayer:
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to regularize the petitioner's services with effect from the date of appointment as was granted in respect of the similarly placed persons by the 2nd respondent vide his proceedings Roc.No.49852/M1/2015 dated 16.10.2018 within the period that may be stipulated by this Court.
For Petitioners : Mr.Ajmal Khan in all WPs Senior Counsel M/s.Ajmal Associates For RR 1 & 2 : Mr.V.Kathirvelu in all WPs Special Government Pleader For 3rd Respondent in all Wps : Mr.M.Devendiran COMMON ORDER The petitioners have approached this Court for seeking the following reliefs:
"To issue a Writ of Mandamus to direct the 2nd respondent to regularize the petitioners services with effect from the date of appointment as was granted in respect of the similarly placed persons by the 2nd respondent vide his proceedings Roc.No.49852/M1/2015 dated 16.10.2018 within the period that may be stipulated by this Court."
2.When the matters are taken up for hearing, Mr.Ajmal Khan, learned Senior Counsel would submit that the petitioners would be satisfied if their representation dated 23.03.2019 is directed to be disposed of on merits and in accordance with law within a time to be stipulated by this Court, by taking into consideration a similar order of regularization passed in favour of co-employees of the respondents, dated 16.10.2018. 3.At this, the learned counsel appearing for the respondents would state that a direction may be issued to the authorities to pass orders on merits and in accordance with law. Further, the learned counsel would also submit that in respect of identical relief prayed for by co-employees, this Court in W.P.(MD). Nos.11239 to 11262 of 2019 disposed of the writ petitions on 30.04.2019 by directing the 2nd respondent to consider the representation of the petitioners therein and pass orders.
4.In view of the same, this Court is also inclined to pass similar direction. Therefore, all the Writ Petitions are disposed of, with a direction to the 2nd respondent to consider and pass appropriate orders on the representation submitted by the petitioners dated 23.03.2019 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The 2nd respondent is also directed to take into consideration the proceedings dated 16.10.2018 wherein, according to the petitioners herein, similar employees services came to be regularised. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Sgl To
1. The Secretary to Government, Animal Husbandry Dairying and Fisheries Dept., Secretariat, Chennai - 9.
2. The Director of Animal Husbandry & Veterinary Services, O/o. The Director of Animal Husbandry & Veterinary Services, Central Office Buildings, Block II, Chennai - 6.
3. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.
+10ccs to M/s.Ajmal Associates, Advocate, S.R.No.53721 +1cc to Mr.M.Devendiran, Advocate, S.R.No.53274 W.P.Nos.16633, 16637, 16639, 16640, 16643, 16646, 16650, 16652, 16653, 16655 of 2019 MP(CO) CS/22/08/2019