M.Nagarajan, v. The Principal Secretary /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-04-2025
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and WMP Nos.3319, 3320, 7664 of 2018
1. M.Nagarajan, S/o.Manoharan, Mel Street, Vengattam Palayam Village, Aadhamangalam Pudhur, Kalasapakkam Taluk, Thiruvannamalai District- 606 906
2. S.Dhanam W/o.Gunalan, No.2/263, Kollai Mettu Street, Mel Velvarayan Nallur, Vilvarani Village and Post, Kalasapakkam Taluk, Thiruvannamalai District- 606 906
3. R.Kavitha, W/o.Arul No.630, Kamaraj nagar, Kanji Village and Post, Chengam Taluk, Thiruvannamalai District- 606 702
4. K.Sujatha, D/o.Kathirvel Thiruvallur Nagar, Samathuvapuram Village, Perunkulathur Post, Cheyyur Taluk, Thiruvannamalai District- 604
5. R.Seenuvasan, S/o.Rathinam No.921, Old Fire Officer Street, Thandarampet Post and Taluk, Thiruvannamalai District- 604 707
6. M.Revathi, D/o.Murugan No.6/60, Pillaiyar Koil Street, Reddipalayam Village, Kattukanallur Post, Arni Taluk, Thiruvannamalai District
7. S.Selvakumar, S/o.Sanmugam Valluvar Street, Thurinjapuram Village and Post, Thiruvannamalai Taluk and District- 660 805
8. P.Devendiran, S/o.Perumal Thanner Pandhal Village, Kilsipakkam Post, Thandarampet Taluk, Thiruvannamalai District- 606 707
9. R.Tamilselvi, D/o.Renugopal, No.535, Ashok Nagar, Vengikal Village and Post, Thiruvannamalai Taluk and District606 604 Petitioner(s) Vs
1. The Principal Secretary / Special, Commissioner of Social Defence (FAC), 300, Purasawalkam High Road, Kellys, Chennai-10
2.The District Collector, O/o the District Collector, Thiruvannamalai District 3.B.Kokila, District Child Protection Officer, Thiruvannamalai District 4.The Government Of India, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAWAN, Dr.RAJENDRA PRASAD ROAD, NEW DELHI.110 001.(R4IMPLEADED AS PER ORDER DATED 01.10.2024 IN WP.2680/2018 BY DEVJ) Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order of the 2nd Respondent, being the advertisement bearing the nomenclature, Pathirikkai Seithi calling for new recruitments for the posts held by the Petitioners herein in the services of Child Protection Unit, Thiruvannamalai District and consequently renew the contracts of the Petitioners is consideration of their representation dated 21.12.2017. For Petitioner(s):
M/s.T.Gowthaman Senior Counsel for Mrs.G.Sunitha
For Respondent(s):
Mr.G.Ameedius Government Advocate for R1 to R3 M/s. R.Rajesh Vivekananthan, For R4
ORDER
This writ petition has been filed to call for the records relating to the impugned order of the 2nd Respondent and consequently renew the contracts of the Petitioners in consideration of their representation dated 21.12.2017.
2. The petitioners have been accommodated in various positions in Child Protection Unit, Tiruvannamalai District on contractual basis and their contracts have been renewed until the year 2017. The grievance of the petitioners is that except the third respondent these petitioners' contract have not been renewed though the scheme under which the petitioners have been appointed had to be extended till 30.11.2018. The petitioner's services have been terminated on various dates and an advertisement has been given to recruit new members in the place of the petitioners.
3. It is seen that most of the allegations made in the writ petition are against the third respondent and against whom the petitioners have given a complaint to the first and second respondent. The petitioners have not stated
anything about the terms and conditions of their contract. The nomenclature of contractual employment would only convey that the appointment made to the petitioners to the contractual post are tenure based and it is not a permanent post as against any sanctioned vacancy and that their appointments were made temporarily against such sanctioned vacancies.
4. All along the petitioners have stated about the third respondent that she is indulging in corruptive practice and her services are being continued in the unit whereas the petitioners are not treated fairly. However it is seen that no relief is sought against the third respondent. Even according to the submission of the petitioner, it is stated that some action has been initiated by the respondents 1 and 2 against the third respondent. Such averments are extraneous to the relief sought in this writ petition.
5. Mr.G.Ameedius, the learned Government Advocate, submitted that except petitioners 1,2,4 & 8 who have been already relieved, the rest of the petitioners are continuing in the Unit.
6. Considering the facts and circumstances of the case, I feel the respondents 1 and 2 shall take a call on the representation made by the petitioner and pass orders.
7. Accordingly, this writ petition is disposed with a direction to the respondents 1 and 2 to consider the representation made by the petitioners and pass orders on merits, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions are closed. 23-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn
To 1.The Principal Secretary / Special, Commissioner of Social Defence (FAC), 300, Purasawalkam High Road, Kellys, Chennai-10 2.The District Collector, O/o the District Collector, Thiruvannamalai District 3.B.Kokila, District Child Protection Officer, Thiruvannamalai District 4.The Government Of India, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAWAN, Dr.RAJENDRA PRASAD ROAD, NEW DELHI.110 001.
R.N.MANJULA J.
bkn 23-04-2025