Madras High CourtWP/17847/2019disposed of

Thangamani v. The Chairman

2019-09-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2019

CORAM

THE HONOURABLE Mr. JUSTICE M. DHANDAPANI W.P.No.17847 of 2019 1 Thangamani W/o. Muniyappan MMC Colony Theakkanampatti Mettur Dam-1 Salem District Salem 2 V.Papathi W/o. V.Nagaraj RGCO4 New Quarters Mettur Dam-1 Salem District 3 Palaniyammal S/o. Subramani Kaliamman Koil Karuppaiya Moopanar Nagar Mettur Dam - 1 Salem District 4 K.Rajeswari W/o. Sadasivam E1 59 Lodge Line Mettur Dam - 1 Salem District 5 K.Lakshmi W/o. Kuppusamy MMC Colony Thookkanaipatti Mettur Dam - 1 Salem District.

...

Petitioners vs 1 The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No. 144 Anna Salai Chennai - 600002 2 The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation No. 144 Anna Salai Chennai - 600002.

3 The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Mettur Dam 636401.

4 The Assistant Executive Engineer, Construction and Development Tamil Nadu Electricity Board, Mettur Dam - 636401 ...

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to re-appoint the petitioners as full time regular employee with all attendant benefits instead of part time conservancy worker in the light of benefit given to the co-workers by the 2nd respondent in his proceeding No.081451/310G42/ G422/2017, dated 27.09.2017 by considering the petitioners' representation dated 27.02.2019. For Petitioners :

Mr. M. Elango For Respondents :

Mr.P.R. Dilip Kumar

ORDER

This petition has been filed seeking for a direction to the respondents to re-appoint the petitioners as full time regular employee with all attendant benefits instead of part time conservancy worker in the light of benefit given to the coworkers by the 2nd respondent in his proceeding No.081451/310G42/ G422/2017, dated 27.09.2017 by considering the petitioners' representation dated 27.02.2019.

2.The case of the petitioners is that the petitioners were appointed as part time conservancy workers in the 4th respondent office on 04.01.2003. Thereafter, they are continuously working on full time basis through their appointment named as part time workers. Therefore, the 2nd respondent on 02.05.2013 had introduced a Scheme ordering to re-appoint the part time workers as full time workers. Based on the said Scheme, thousands of part time workers had been re-appointed as full time workers by the respondents on 27/09/2017 and the co-workers to the petitioners had given the similar benefits. Therefore, on 27.02.2019, the petitioners made representations to the respondents seeking to re-appointment them as full time workers. Since the respondents have not considered the same the petitioners have filed this writ petition.

3.The learned counsel appearing for the petitioners would submit that it would be suffice to issue directions to the respondents to dispose of the representation dated 27.02.2019 and pass orders.

4.The learned Government Advocate appearing for the respondents conceded to the limited request made by the learned

counsel for the petitioners.

5.Without expressing any opinion on merits of the case and considering the limited request made by the learned counsel for the petitioners, this Court directs the respondents to consider the representation dated 27.02.2019 submitted by the petitioners and pass orders within a period of eight (8) weeks from the date of receipt of a copy of this order.

With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar mps To 1 The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No. 144 Anna Salai , Chennai - 600002 2 The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation No. 144 Anna Salai Chennai - 600002.

3 The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Mettur Dam 636401.

4 The Assistant Executive Engineer, Construction and Development Tamil Nadu Electricity Board, Mettur Dam - 636401.

+1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No. 82962 +1cc to Mr.M.Elango, Advocate, S.R.No. 83260 W.P.No.17847 of 2019 BP(CO) GN(17/02/2020)