A.N.Tamilselvi v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16758 of 2019 A.N. Tamil Selvi ... Petitioner Vs.
1. The Government of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
2. The Director of Town Panchayats, 75, Santhome High Road, 7 th & 8 th Floor, Raja Annamalaipuram, Chennai - 600 028.
3. The District Collector, Kancheepuram District.
4. The Assistant Director, Town Panchayats, Kancheepuram Region, Kancheepuram, Kancheepuram District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith regularize the service of the petitioner as Junior Assistant with effect from 03.08.1995 and consequently promote the petitioner as Executive Officer Grade - II and Grade - I on par with her juniors with all monetary and other attendant benefits.
For Petitioner : Mr.K.Raja For Respondents : Mr.R.S. Selvam Government Advocate
O R D E R
This Writ Petition has been filed by the petitioner, seeking for the issuance of Writ of Mandamus, to direct the respondents to regularize the service of the petitioner as Junior Assistant with effect from 03.08.1995 and consequently, promote the
petitioner as Executive Officer Grade -II and Grade -I on par with her Juniors and grant all monitory and other attendant benefits.
2. According to the petitioner, she was appointed on compassionate grounds as Junior Assistant on 03.08.1995 in Thirumazhisai Town Panchayat. The grievance of the petitioner is that all along her services were not regularized by the respondents. It is stated that, her Juniors who were appointed later to her, were promoted as Executive Officer Grade - II and Grade -I after regularizing their services. But, despite the petitioner put in 24 years of service, still the petitioner is longing for regularization of service and for consequential promotions. It appears that, the petitioner made a representation on 02.05.2019 to the respondents, seeking regularization of her services and consequential promotions. Since the said representation is not evoking any response the petitioner is before this court.
3. The learned counsel appearing for the petitioner would submit that the respondents have raised objections with regard to the genuineness of the education certificate of the petitioner which were also produced by the petitioner and there absolutely no legal impediment for the respondents to regularize the services of the petitioner and grant promotions on par with her juniors. However, the respondents have not taken any steps to regularize the services of the petitioner while her juniors were promoted after regularizing their services.
4. Considering the facts and circumstances and submissions made by the learned counsel for the petitioner, this Court directs the respondents to consider the representation of the petitioner dated 02.05.2019 and pass appropriate orders in accordance with law an on merits and regularize the service of the petitioner and grant consequential promotions along with all attendant benefits if there is no legal impediment, with in a period of twelve weeks from the date of receipt of copy of this order.
5. With the above direction this Writ Petition is disposed of. No costs.
ebsi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
2. The Director of Town Panchayats, 75, Santhome High Road, 7 th & 8 th Floor, Raja Annamalaipuram, Chennai - 600 028.
3. The District Collector, Kancheepuram District.
4. The Assistant Director, Town Panchayats, Kancheepuram Region, Kancheepuram, Kancheepuram District.
+1cc to Mr.K.Raja, Advocate, SR.No.81684 +1cc to the Govt.Pleader, Vide Sr.No.82335 W.P.No.16758 of 2019 Kak(23/10/2019)