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Madras High CourtWP/21884/2021allowed

P.Alamelu v. The Chief Engineer / Establishment

2021-10-08Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 08.10.2021 C O R A M The Hon'ble Mr. Justice C.SARAVANAN Writ Petition Nos.21884 of 2021 (Through Video Conferencing) P.Alamelu

...Petitioner

Vs.

1. The Chief Engineer/Establishment TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Executive Engineer (O & M), TANGEDCO, Thiruchengode - 637 209.

3. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Mallasamudram - 637 503.

4. The Assistant Engineer, Operation and Maintenance, Kalipatty - 633 801.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the Respondents to consider the Petitioner's representation dated 14.03,2019 and pass orders on merits by taking to consideration the proceedings of the 4th Respondent in A.E/O & M/Ka.Patty/Ko.Kattu/No.139/17-18 dated 29.07.2017 as well as the endorsement of the second Respondent herein in E.E./O & M/T.Gode/Ka.Me/KA:P.T.W/2017 dated 29.08.2017 and the proceedings of the 4th Respondent in submitting Annexure I thereon within a time frame fixed by this Court.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.P.Subramanian For R1 to R4 Government Advocate

O R D E R

It is the case of the Petitioner that the Petitioner was employed in the service of the 4th Respondent as a part time conservancy worker(Sweeper). The Petitioner completed more than 480 days in two years of continues service and therefore her service should have been regularized on regular time scale of pay. It is submitted that the Respondents have also recommended for regularizing the services of the part time of workers like the Petitioner. However, no decision has been taken. So far the Petitioner has sent representation dated 14.03.2019 based on the proceedings of the first Respondent. However, it has not yielded any positive response from the Respondents. It is noticed that by a communication dated 04.09.2021, the 2nd Respondent has communicated to the Petitioner that the Petitioner is not working with the Respondents.

2. The writ petition is disposed at the time of admissions without expressing any opinion on the merits of the case as to whether the Petitioner is entitled to be absorbed on regular time scale of pay by directing the 1st Respondent to consider the representation of the Petitioner dated 14.03.2019 and the recommendation of the 4th Respondent to the 3rd Respondent 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. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar rrg To

1. The Chief Engineer/Establishment NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Executive Engineer (O & M), Thiruchengode - 637 209.

3. The Assistant Executive Engineer, Operation and Maintenance, Mallasamudram - 637 503.

4. The Assistant Engineer, Operation and Maintenance, Kalipatty - 633 801.

+1cc to Mr.P.Subramanian, Advocate, S.R.No.53058 +1cc to Mr.S.Saravanan , Advocate, S.R.No.53002 W.P.No.21884 of 2021 SR[co] NSK 17/11/2021