Angamuthu, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35204 of 2016
1. Angamuthu
2. A.Paramasivam ... Petitioners vs.
1.
The State of Tamil Nadu, rep. By the Secretary, Public Works Department, Fort St. George, Chennai 600 009.
The Chief Engineer (General) and Engineer-in-Chief, Chepauk, Chennai 600 005.
The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai-5.
The Chief Engineer Regional, Coimbatore Region, Coimbatore.
5.
The Superintending Engineer, W.R.O., Public Works Department, Special Project Circle, Palani, Dindigul District - 624 619.
... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of mandamus, directing the respondents to consider the petitioners' representation dated 27.09.2016 for regularizing their service as per G.O.Ms.No.22, dated 28.02.2006 with effect from their initial appointment within a stipulated time. For Petitioners : Mr.P.Arul Mathi For Respondents : Mr.K.Dhananjayan, Special Government Pleader
O R D E R
The petitioners have come up with this Writ Petition seeking a direction to the respondents to consider their representation dated 27.09.2016 for regularizing their service as per G.O.Ms.No.22, dated 28.02.2006 with effect from their initial appointment within a stipulated time. According to the petitioners, they were appointed as casual labourers in the Public Works Department. The 1st petitioner was appointed in September 1991 and the 2nd petitioner was appointed in February 1986. Based on the Government Order that those who have rendered ten years of service as on 01.01.2006 be regularized by appointing them in the time scale of pay of the post in accordance with the service conditions prescribed for the post concerned, the petitioners made representations to the respondents seeking regularization of their service.
Since no orders were passed by the respondents conferring permanent status to the petitioners, having no other alternative, they have approached this Court. When the matter is taken up for hearing, learned counsel for the petitioners submitted that the grievance of the petitioners will be redressed if the respondents are directed to consider their representation seeking regularization of their service.
In view of the above, without going into the merits of the case, this Court directs the respondents to consider the petitioners'
representation dated 27.09.2016 seeking regularization of their service with effect from their initial appointment, in the light of G.O.Ms.No.22, dated 28.02.2006, and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar aeb
To:
1.
The Secretary, State of Tamil Nadu, Public Works Department, Fort St. George, Chennai 600 009.
The Chief Engineer (General) and Engineer-in-Chief, Chepauk, Chennai 600 005.
The Chief Engineer (Buildings), Public Works Department, Chepauk, Chennai-5.
The Chief Engineer Regional, Coimbatore Region, Coimbatore.
5.
The Superintending Engineer, W.R.O., Public Works Department, Special Project Circle, Palani, Dindigul District - 624 619.
+1 cc to Mr.S.Arulmathi Advocate sr 65202 +1 cc to Government Pleader sr 65285 W.P.No.35204 of 2016 rsy(co) aa15/12/2016