V.Murugan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35430 of 2016 1 V.Murugan 2 V.Paramasivam 3 A.Rajendiran 4 A.Siva Perumal 5 M.Manikandan .. Petitioners 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 petitioners' representation dated 27.9.2016 for regularizing our service on and after completion of 10 years services on the basis as per the Government Orders and within a time to be stipulated by this Honourable Court.
For Petitioners :
Mr.P.Arul Mathi For Respondents :
Mr.S.N.Parthasarathi, Govt. Advocate
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioners have come up with the present writ petition for a mandamus, directing the respondents to consider their representation dated 27.9.2016 for regularizing their service on and after completion of 10 years services as per the Government Orders and within a time to be stipulated by this Court.
3. It is the case of the petitioners that all of them have been appointed in January 1991, February 1987, January 1985, May 1988 and May 2000 respectively as casual labourers. Now, they have completed more than 10 to 20 years of service. Though they have completed more than 10 years of service, their services were not regularized by appointing them in the time scale of pay. In this regard, they sent a representation dated 27.9.2016 to the respondents seeking regularization of their service based on G.O.Ms.No.22 dated 28.2.2016. However, since the same was not considered so far, left with no other alternative, the petitioners have come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioners 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 petitioners, this Court directs the respondents to consider the representation of the petitioners dated 27.9.2016 seeking regularization of their 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.
-s/dAssistant Registrar 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 +1 cc to Government Pleader sr 57525 +1 cc to P.Arul Mathi Advocate sr 57525 W.P.No.35430 of 2016 ssk(co) aa26/10/2016