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Madras High CourtWP/28575/2022disposed of

A.Balasubramani v. Government Of Tamil Nadu

2022-10-31Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.A.Balasubramani 2.C.Manickarajan 3.S.Murugan 4.D.Balaji Babu 5.B.Nivas 6.N.Mohan 7.V.Subramani 8.R.Balakrishnan 9.A.Murali 10.A.Selvam 11.M.Madhavan 12.C.Poosari ... Petitioners

Versus

1.Government of Tamil Nadu, represented by Principal Secretary to Government, Information Technology Department, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Chennai-600 034 ... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents to regularise 1/5

the services of the petitioners as Technical Assistants from the date of their respective initial appointment and to place them in regular time scale of pay and grant the consequential benefits to the petitioners. For Petitioners : Mr.M.Ravi For Respondents : Mr.Sanjay Gandhi Govt.Advocate O RDER This writ petition has been filed for a Mandamus seeking for a direction to the respondents to regularise the services of the petitioners as Technical Assistants from the date of their respective initial appointment and to place them in the regular time scale of pay and grant the consequential benefits to the petitioners.

2. Heard Mr.M.Ravi, learned counsel for the petitioners and Mr.Sanjay Gandhi, learned Government Advocate accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.

3. The petitioners have given representations for the aforementioned purpose. According to the petitioners, their services have not been regularised as Technical Assistant from the date of their respective initial appointment. 2/5

4. No prejudice would be caused to the respondents if the petitioners representation is considered on merits and in accordance with law within a time frame to be fixed by this Court. Since the earlier representations given by the petitioners, which have been filed along with this writ petition, have not been duly acknowledged by the respondents, the petitioners will have to give fresh representation.

5. For the foregoing reasons, this Court directs the petitioners to submit a fresh representation to the second respondent requesting the second respondent to regularise the services of the respective petitioners from the date of their initial appointment within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the second respondent shall pass final orders on merits and in accordance with law within a period of twelve weeks thereafter.

If the petitioners are still working, as claimed by the petitioners in this writ petition, the respondents shall not take any coercive steps against the petitioners till final orders are passed.

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ABDUL QUDDHOSE,J.

sr With the aforesaid direction, the writ petition is disposed of. No costs.

31.10.2022 2/2 sr Index: Yes/No Speaking Order/Non-Speaking Order To

1. The Principal Secretary to Government, Government of Tamil Nadu, Information Technology Department, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Chennai-600 034 4/5

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