G.Sampath Kumar, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.32410 of 2016 And W.M.P.No.28111 of 2016 1 G.Sampath Kumar 2 R.Jayalakshmi 3 A.Kumaravel 4 S.Robin Sundar Singh 5 G.Vasantha Kumari 6 R.Suguna 7 C.Leela 8 G.Mary Nirmala 9 P.Sivakumar 10 R.R.Sivakumaran 11 T.M.Usha Rani 12 Balaguru 13 K.Karuthavel Pandian 14 K.Subramani 15 V.Rajendran 16 P.Rajakumaran 17 V.Vairavelu 18 N.Umapathy 19 J.Punithavathi 20 D.Krishnaveni 21 R.Roja
22 S.Jaishankar 23 R.Mani 24 Devaki ... Petitioners Vs.
1 The Secretary to Government Personnel and Administrative Reforms Department Fort St. George Chennai - 600 009.
2 The Secretary to Government Tamil Nadu Municipal Administration and Water Supply Department Fort St. George Chennai - 600 009.
3 The Commissioner of Municipal Administration Chepauk Chennai - 600 005.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to frame ad hoc rules in the petitioners' service namely, Tamil Nadu Municipal Information Technology Service within the time frame prescribed by this Honourable Court.
For Petitioners : Mr.M.Muthappan For Respondents : Mr.A.Zakir Hussain Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The present writ petition has been filed seeking a Mandamus directing the respondents to frame ad hoc rules in the petitioners' service namely, Tamil Nadu Municipal Information Technology Service within the time frame prescribed by this Court. 3.The petitioners herein were appointed as Data Entry Operators in the years 1999 and 2000 and their services were regularized vide G.O.Ms.No.60 dated 11.04.2008. Though the post was regularized in the said Government Order, there is no rule framed for the said post. Thereafter, the Commissioner of Municipal Administration vide proceedings dated 12.08.2008, ordered declaration of probation and thereafter, in G.O.Ms.No.84, dated 12.06.2013, notified the establishment of the said service by constitution of Tamil Nadu Municipal Information Technology Service.
Though the constitution of the new service was notified as early as in the year 2013, no ad hoc rule is framed for the said service till date and all the petitioners are stagnated in the same post from their initial appointment. The petitioners in this regard, submitted individual representations, but they have not been considered so far. Hence, left with no other alternative, the petitioners have come up with the present writ petition.
4.Heard the submissions of the learned counsel appearing for the petitioners and the learned Government Pleader who takes notice for the respondents.
5.Though this writ petition has been filed for a positive direction to frame ad hoc rules in the petitioners' service namely, Tamil Nadu Municipal Information Technology Service, this Court is not inclined to pass a positive direction. However, it is represented by the learned counsel appearing for the petitioners that individual representations have been given to the first respondent on 08.08.2016, hence, this Court feels that it would be appropriate to direct the first respondent to consider the said representations. Accordingly, this Court directs the first respondent to consider the individual representations submitted by the petitioners, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
6.It is made clear that this Court has not expressed any of its opinion with regard to the merits of the claim made by the petitioners and it is for the respondents to decide the issue purely on merits.
7.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 16.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Secretary to Government Personnel and Administrative Reforms Department Fort St. George Chennai - 600 009.
2 The Secretary to Government Tamil Nadu Municipal Administration and Water Supply Department Fort St. George Chennai - 600 009.
3 The Commissioner of Municipal Administration Chepauk Chennai - 600 005.
R.SUBBIAH,J.
pri W.P.No.32410 of 2016 And W.M.P.No.28111 of 2016 16.09.2016