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Madras High CourtWP/35359/2016disposed of

V.Alagesan v. The State Of Tamil Nadur

2016-10-05Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35359 of 2016 R.Alagesan ... Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Secretary Public Works Department Fort St. George, Chennai-9.

2. The Chief Engineer (General) and Engineer in Chief Chepauk, Chennai-5.

3. The Chief Engineer(Buildings) Public Works Department Chepauk, Chennai-5.

4. The Chief Engineer Regional Coimbatore Region Coimbatore.

5. The Superintending Engineer WRO Public Works Department Special Project Circle Palani, Dindigul District- 624 619 ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to consider the petitioner's representation dated 30.9.2016 for regularizing his service as per G.O.Ms.No.22 dated 28.2.2006 with effect from his initial appointment and within a time to be stipulated by this Honourable Court. For Petitioner : Mr.P.Arul Mathi For Respondents : Mr.S.N.Parthasarathi, Government Advocate

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider his representation dated 30.9.2016 for regularizing his service as per G.O.Ms.No.22 dated 28.2.2006 with effect from his initial appointment and within a time to be stipulated by this Court.

3. It is the case of the petitioner that he has been appointed as casual labourer with effect from 1988. Now, he has completed more than 15 years of service. Though he has completed more than 15 years of service, his service was not regularized by appointing him in the time scale of pay. In this regard, he sent a representation dated 30.9.2016 to the respondents seeking regularization of his service based on G.O.Ms.No.22 dated 28.2.2006. However, since the same was not considered so far, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioner, this Court directs the respondents to consider the representation of the petitioner dated 30.9.2016 seeking regularization of his service, and pass appropriate orders, on merits and in accordance with law and also as per G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.2.2006, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sbi

To

1. The Secretary Public Works Department Fort St. George, Chennai-9.

2. The Chief Engineer (General) and Engineer in Chief Chepauk, Chennai-5.

3. The Chief Engineer(Buildings) Public Works Department Chepauk, Chennai-5.

4. The Chief Engineer Regional Coimbatore Region Coimbatore.

5. The Superintending Engineer WRO Public Works Department Special Project Circle Palani, Dindigul District- 624 619.

+1cc to Mr.P.Arul Mathi, Advocate, S.R.No.57579 +1cc to the Government Pleader, S.R.No.57514 W.P.No.35359 of 2016 RP(CO) CA(26/10/2016)