R.Saravanan,Fireman 7765 v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR R.Saravanan .. Petitioner in W.P.No.22665 of 2023 T.Suresh .. Petitioner in W.P.No.22666 of 2023 P.Lakshmanan .. Petitioner in W.P.No.22668 of 2023 A.Lord Wellington .. Petitioner in W.P.No.22669 of 2023
Versus
1.The State of Tamil Nadu Represented by its Principal Secretary Home Department Secretariat, Chennai - 600 009 2.The Chairman Tamil Nadu Uniformed Services Recruitment Board Old COP Office Campus, Pantheon Road Egmore, Chennai - 600 008 3.The Director Fire and Rescue Department No.17, Rukmini Lakshmipathy Salai Egmore, Chennai - 600 008 .. Respondents in all cases Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to 1/6
dispose of the representations of the petitioners dated 18.03.2023 by fixing the seniority of the petitioners from 2002 on par with the similarly placed persons and consequently include the petitioners in the General Pension Scheme. All cases For Petitioners : M/s.J.Vanathi For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader COMMON ORDER These writ petitions have been filed seeking to direct the respondents to dispose of the representations of the petitioners dated 18.03.2023 by fixing the seniority of the petitioners from 2002 on par with the similarly placed persons and consequently include the petitioners in the General Pension Scheme.
2. Since, the facts and circumstances of these cases are identical in nature, these cases are disposed of by way of this Common Order.
3. It is the case of the writ petitioners that they were selected and appointed as Fireman on 01.04.2004 by the Divisional Officer, Fire and Rescue Department, South Madras in the third respondent Department. It is 2/6
their grievance that the recruitment year was of the year 1999-2000, however, they were given appointment only in the year 2004 and they were not provided with seniority and benefits of the General Pension Scheme. While so, one Mr.Shanmuga Raja, a similarly placed person, who was selected in the year 1999-2000 along with the petitioners was not appointed prior to 01.04.2003 citing criminal case pending against him. However, he was subsequently acquitted and his appointment was made during the year 2007 and he given seniority from 2002 and is included in the General Pension Scheme by the second respondent vide proceedings in Na.Ka.No.2513A/2020 dated 26.09.2020. Likewise, Mr.K.Panneerselvam, who is also a similarly situated person is granted with benefits under General Provident Fund Scheme. Therefore, they gave representations to the respondents on 18.03.2023 seeking such benefits, which are pending without consideration till date. Hence, these writ petitions.
4. Head both sides and perused the materials placed on record. On perusal of the very typedset itself, it would indicate that similarly situated persons selected in the Recruitment year 1999-2000 are granted with Seniority as well as General Provident Fund Scheme.
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5. Such view of the matter, this Court, without going into the merits of the case, directs the respondents to consider the representations of the petitioners dated 18.03.2023 and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this Order.
6. With these directions, these writ petitions stands stands disposed of. No costs.
01.08.2023 dhk Index:Yes/No Internet: Yes/No 4/6
To 1.The Principal Secretary The State of Tamil Nadu Home Department Secretariat, Chennai - 600 009 2.The Chairman Tamil Nadu Uniformed Services Recruitment Board Old COP Office Campus, Pantheon Road Egmore, Chennai - 600 008 3.The Director Fire and Rescue Department No.17, Rukmini Lakshmipathy Salai Egmore, Chennai - 600 008 5/6
N.SATHISH KUMAR, J.
dhk WP.Nos.22665, 22666, 22668 & 22669 of 2023 01.08.2023 6/6