P.Jagadeesan v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2668 of 2016 and WMP.Nos.2224 & 2225 of 2016 1.P.Jagadeesan 2.D.Sathiavel 3.M.A.Subramanian 4.G.Vidyasekar 5.D.Sudakar ... Petitioners - Vs -

1. The Government of Tamilnadu Rep by the Secretary to Government Highways Department Fort St.George, Chennai-9.

2.The Chief Engineer Highways and Rural works Chepauk, Chennai-5.

3.The Joint Director (Administrative) Director General Office Highways Department C&M Chepauk, Chennai-5.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 3rd respondent to consider the petitioners for appointment to the post of Junior Drafting officer in pursuance to the notification No.2390/NIR 5(1) 2014 dated 26.10.2015.

For Petitioner : Mrs.Thenmozhi Shiva Perumal For Respondents : Mr.S.Gunasekaran, GA.

O R D E R

This writ petition is filed for issuing writ of mandamus directing the third respondent to consider the petitioners for appointment to the post of Junior Drafting Officer in pursuance to the notification dated 26.10.2015.

2. The case of the petitioners is that they successfully completed diploma in Civil Engineering and they have been working in the highways department for more than 10years, however, their service was not regularised. It is the further case of that they are eligible to be appointed to the post of Junior Drafting Officer, but the respondents without regularising the service of the petitioners, issued a notification No.2390/NIR 5 (1) 2014 dated 26.10.2015. Hence, the petitioner filed the present writ petition.

3. Heard the submissions of Mrs.Thenmozhi Shiva Perumal learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the petitioner to submit a representation to the respondent 1 and 2 by enclosing a copy of this order and relevant records within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents 1 and 2 shall consider the said representation on merits and in accordance with law and pass appropriate orders within a period of eight weeks thereafter and communicate the decision taken to the petitioners.

5. This Writ Petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs.

tsh Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary to Government, Highways Department, Fort St.George, Chennai-9.

2.The Chief Engineer Highways and Rural works Chepauk, Chennai-5.

3.The Joint Director (Administrative) Director General Office Highways Department C&M Chepauk, Chennai-5.

+ 1 cc to Mrs.Thenmozhi Shiva Perumal, Advocate Sr 4624 + 1 cc to The Government Pleader, High Court, Mds. Sr 4993 KR/3/3/16 W.P.No.2668 of 2016