Gandhimathy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.20243 of 2019 Gandhimathy ..Petitioner vs 1.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort. St.George, Chennai 600 009.
2.The Commissioner of Adi-Dravidar Welfare, Chepauk, Chennai 600 005.
3.The District Adi Dravidar Welfare Officer, Perambalur, Perambalur District.
4.The Special Tasildhar, Adi-Dravidar and Tribal Welfare Department, Perambalur, Perambalur District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioner as Sweeper cum Water Carrier in Adi Dravidar Welfare High School, Naththakadu, Perambalur District with time scale of pay w.e.f 11.07.1986 with all other consequential benefits with continuity of service and all other attendant benefits. For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.R.S.Selvam Government Advocate
O R D E R
This Writ Petition is filed to issue a Writ of Mandamus, directing the respondents to regularize the service of the petitioner as Sweeper cum Water Carrier in Adi Dravidar Welfare High School, Naththakadu, Perambalur District with time scale of pay w.e.f 11.07.1986 with all other consequential benefits with continuity of service and all other attendant benefits. 1/3
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.
3.The petitioner belongs to Adi-dravidar Community and she was appointed as daily wage Sweeper cum Water Carrier on temporary basis in Adi-Dravidar Welfare High School, Nathakadu, Perambalur District in the year 1986. Though the petitioner is continuously working as Sweeper cum Water carrier from 1986, her service has not been regularized. She made several representations to the respondents herein to regularize her service in time scale.
Since the petitioner's representation has not been considered, the petitioner has filed this writ petition with the aforesaid prayer. 4.The learned counsel for the petitioner submitted that it would suffice if a direction is passed to the respondents to consider the representation of the petitioner, within a reasonable time as fixed by this Court.
5.The learned counsel appearing for the respondents accede to the submission made by the learned counsel for the petitioner and submitted that if any such representation was received by the respondents, the same will be considered on merits and in accordance with law.
6.Thus, without going into the merits of the case, this Court is inclined to direct the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
7.With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar uma 2/3
To 1.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort. St.George, Chennai 600 009.
2.The Commissioner of Adi-Dravidar Welfare, Chepauk, Chennai 600 005.
3.The District Adi Dravidar Welfare Officer, Perambalur, Perambalur District.
4.The Special Tasildhar, Adi-Dravidar and Tribal Welfare Department, Perambalur, Perambalur District.
+1cc to Mr.M.Gnanasekar, Advocate sr.82455 +1cc to Government Pleader SR.NO. 82815 W.P.No.20243 of 2019 mg(co) nr 11/11/2019 3/3