P.Kandasamy v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23006 of 2014 P.Kandasamy
...Petitioner
-Vs1. The Government of Tamil Nadu, represented by the Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2. The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.
3. The Collector, Krishnagiri District, Krishnagiri.
4. The Commissioner, Bargur Panchayat Union, Bargur, Krishnagiri District.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to regularize the services of the petitioner and grant him all consequential benefits and render justice.
For Petitioner : Mr.P.Rajendran For R1 to R3 : Mr.A.N.Thambidurai, Spl.GP For R4 : Mr.RAS.Senthilvel
ORDER
This writ petition has been filed for a direction to the respondents to regularize the services of the petitioner and grant him all consequential benefits.
2.The learned counsel for the petitioner submitted that as per the Resolution No.I (2) dated 16.12.1994, the petitioner joined duty as Masalchi in the Panchayat Union, Bargur, Krishnagiri District, on 17.02.1995 and he has been continuously working till date, without any break. However, his services were not regularised. In this regard, he made a representation dated 14.08.2013 to the second respondent, which was not considered. Hence, this writ petition.
3.Reiterating the averments made in the counter affidavit filed by the fourth respondent, the learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner is doing Masalchi work on part time basis in the Panchayat Union at Bargur and he was paid daily wages and his post is not a sanctioned one and hence, his services were not regularised. However, the learned Special Government Pleader fairly submitted that the respondent authorities would consider the claim of the petitioner, if not already considered and pass appropriate orders, on merits, within a time frame to be stipulated by this Court.
4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the respondents are directed to consider the petitioner's representation dated 14.08.2013, if not already considered, and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar av To
1. The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2. The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.
3. The Collector, Krishnagiri District, Krishnagiri.
4. The Commissioner, Bargur Panchayat Union, Bargur, Krishnagiri District.
+1cc to Government Pleader Sr.No.1827 W.P.No.23006 of 2014 SMI(CO) NR 19/04/2021