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Madras High CourtWP/18737/2018disposed of

M.H.Manokaran,S/O.J.Halan v. The State Of Tamilnadu

2019-03-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.18737 of 2018 1.M.H.Manokaran 2.T.R.Prabhu 3.M.John Kennedy 4.K.N.Sagadevan 5.M.Chandran 6.C.Chandru 7.T.D.Thangaraj 8.G.Pelliraj 9.J.Nanjundan 10.B.Rajesh 11.A.Joseph Jerold 12.M.Venkatesan 13.R.Ravikumar 14.Tmt.K.Uma 15.G.Arumugam 16.P.Ravi 17.N.Mubarak Ali 18.K.B.Mani 19.K.S.Uma Mageswari 20.K.Rajendran 21.M.Subramani 22.G.Murali

23.S.Muniyappan 24.M.Annadurai 25.R.Babu 26.D.Purushotaman 27.V.Velu 28.D.Pushparaj 29.C.Rajamanikkam 30.C.Subramani 31.P.Mariappan 32.S.Ramaswamy 33.M.Murugan 34.M.Ravichandran 35.N.Kanagaraj 36.M.Balasundaram 37.G.Murugesan 38.R.V.Manoharan 39.G.Kaliyamoorthy 40.S.Palanivel 41.S.Ravi 42.R.Rangaswamy 43.R.Subramanian 44.S.Veeramani 45.C.Marimuthu 46.M.Vadivelu 47.M.Ravichandran 48.S.Karuppuswamy 49.P.Murugesan

50.C.Palanivelu 51.M.Somasundaram 52.J.Sivasankar 53.N.Siva 54.J.Haridoss 55.J.Govindaraji 56.K.Jay Shankar .. Petitioners Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Public Works Department, Fort St. Goerge, Chennai - 9.

2.The Chief Engineer (General) & Engineer in Chief, Public Works Department, Chepauk, Chennai - 5.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondents 1 and 2 to grant and extend notional pay fixation and other benefits arising thereto on completion of 10 years of services as casual labourer/NMR as ordered in G.O.Ms.No.334, Public Works (C2) Department dated 19.10.2007 and the respective dates mentioned therein by applying the dictum laid down in W.A.Nos.168 and 169 of 2012 dated 08.08.2014 as confirmed in SLP (c) No.9122-9123 of 2016 dated 29.06.2016 and implemented vide G.O.Ms.No.235 Public Works (C2) Department dated 30.11.2017.

For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.A.N.Thambidurai for RR1 & 2 Special Government Pleader

O R D E R

The grievances of the writ petitioners are that the notional fixation of pay consequent to the regularization has not been granted to the writ petitioners.

2. In this regard, the writ petitioners have submitted a representation to the first respondent on 26.12.2017 which is yet to be considered. Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioners dated

26.12.2017 and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

3. The writ petitioners are directed to enclose the copy of the representation and all other relevant orders along with the orders passed in the present writ petition.

4. In view of the above direction, this Writ Petition stands disposed of. However, there is no order as to costs. Sd/-/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb/ssb To 1.The Secretary, State of Tamil Nadu, Public Works Department, Fort St. Goerge, Chennai - 9.

2.The Chief Engineer (General) & Engineer in Chief, Public Works Department, Chepauk, Chennai - 5.

+1cc to Mr. L.Chandrakumar, Advocate SR.No. 22532 W.P.No.18737 of 2018 A.SK(05/04/2019)