R.Thamodharan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.R.Thamodharan S/o.Rasan 2.P.Thangarasu S/o.Palanisamy 3.E.Mohanraj S/o.Eshwaramoorthi 4.P.Ramkumar S/o.Ponnusamy 5.R.Kuppusamy S/o.Ramasamy ... Petitioners Vs.
1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Municipal Administrative and Water Supplies Department, Fort St.George, Chennai - 9.
2.The Director, Municipal Administration, Santhome High Road, Pattinampakkam, Raja Annamalaipuram, Chennai - 600 004.
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3.The Commissioner, Erode Municipal Administration, Erode - 638 001.
4.The Executive Officer (General), Veerappanchathiram Municipality, Erode - 638 004.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents herein to bring the petitioners into time-scale of pay by regularizing their services taking into account their original dates of appointment, in the light of G.O.Ms.No.199, Municipal Administration and Water Supplies Department dated 12.08.1997 and G.O.Ms.No.67, Municipal Administration and Water Supply Department dated 18.07.2012 and the judgment of the Division Bench of this Court passed in W.A.No.1615/2018 dated 23.11.2023 with all consequential service and monetary benefits.
For Petitioner : Ms.S.Esairani Narasimman For Respondents : Mr.C.Selvaraj, Additional Government Pleader [R1 & R2] Mr.M.Raja Mathivanan Standing Counsel [R3 & R4] *****
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representations of 2/6
the petitioners wherein the petitioners are seeking for time scale of pay by regularizing their services by taking into account the relevant Government Orders and also the judgment passed by the Division Bench in W.A.No.1615 of 2018, dated 23.11.2023.
2. Heard Ms.S.Esairani Narasimman, learned counsel for petitioners, Mr.C.Selvaraj, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.M.Raja Mathivanan, learned Standing Counsel appearing for respondents 3 and 4.
3. The case of the petitioners is that they were appointed as sweepers in the Erode Municipality and they had put in nearly 10 to 18 years of service. The petitioners made representations seeking for regularizing their services and for bringing them under the time scale of pay and the petitioners are relying upon some Government Orders in this regard. It is also seen from the earlier orders passed by this Court that similar such writ petitions were entertained and directions were given to the concerned authority to deal with such representations. 3/6
4. In view of the above, considering the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to deal with the representation made by the petitioners on 05.04.2024 on its own merits and in accordance with law and in line with the relevant Government orders and take a decision within a period of twelve (12) weeks and the decision shall be conveyed to the petitioners.
5. The petitioners are directed to submit a fresh representation to the third respondent along with relevant documents and also a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
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To 1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Municipal Administrative and Water Supplies Department, Fort St.George, Chennai - 9.
2.The Director, Municipal Administration, Santhome High Road, Pattinampakkam, Raja Annamalaipuram, Chennai - 600 004.
3.The Commissioner, Erode Municipal Administration, Erode - 638 001.
4.The Executive Officer (General), Veerappanchathiram Municipality, Erode - 638 004.
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