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Madras High CourtWP/24632/2018disposed of

T.David, v. The State Of Tamil Nadu,

2018-11-27Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.24632 of 2018 1.T.David 2.S.Jeya Chandran 3.J.Jacob Raj 4.K.Asha 5.X.Pushpa Rani 6.Fazeela Begum ...

Petitioners Vs 1.The State of Tamil Nadu rep.by its Secretary Public Works Department Fort St.George, Chennai 600 009.

2. The Chief Engineer Public Works Department Chepauk, Chennai 600 005.

3.The Executive Engineer Water Resources Organization Kodayar Basin Division Nager Kovil - 629 001.

.... Respondents For Petitioner :

Mr.S.Ashok Kumar For Respondents :

Mr.A.N.Thambidurai Additional Government Pleader Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to pass orders on the representation dated 23.07.2018 seeking regularisation of the services of the petitioner herein on completion of ten years of Service as casual labour services in the light of the order of the Honourable Division Bench made in W.A.No.493 of 2016 dated 25.4.2016 and W.A.No.631 of 2016 dated 13.06.2016.

O R D E R

This writ petition has been filed by the petitioner,seeking direction to the first respondent to consider the representation dated 23.07.2018 seeking regularisation of the services of the petitioners herein on completion of ten years of casual labour services in the light of the order of the Honourable Division

Bench made in W.A.No.493 of 2016 dated 25.4.2016 and W.A.No.631 of 2016 dated 13.06.2016.

2. Mr.A.N.Thambidurai, learned Additional Government Pleader takes notice for the respondents.

3. It is not in dispute that the petitioners herein are similarly placed to that of the respondents in W.A.No.493 of 2016 and W.A/No.631 of 2016. The said writ appeals were filed by the respondents herein against the order of the learned single Judge, allowing the writ petitions and directing the respondents herein to regularise the services of the persons similarly placed as that of the petitioners. The respondents in the above writ appeals / casual labourers / nominal muster roll in public works department were not regularised after completion of ten years of service. It is not in dispute that the petitioners are similarly placed to that of the respondents in the aforesaid writ appeals and the judgement of the Division Bench squarely applies to the facts of the present writ petition.

4. Under the circumstances, the respondents are directed to consider the representation of the petitioner dated 23.07.2018, in the light of the order passed by the Division Bench of this Court as stated above, within eight weeks from the date of receipt of a copy of this order, and pass orders on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The State of Tamil Nadu rep.by its Secretary Public Works Department, Fort St.George, Chennai 600 009.

2.The Chief Engineer, Public Works Department Chepauk, Chennai 600 005.

3.The Executive Engineer, Water Resources Organization Kodayar Basin Division,Nager Kovil - 629 001. +1cc to Mr.S.Ashok kumar, Advocate, S.R.No.80877 +1cc to the Government Pleader, S.R.No.81745 W.P.No.24632 of 2018 GSP(30/11/2018)