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Madras High CourtWP/31561/2022disposed of

D.Seetha v. The Government Of Tamilnadu

2022-11-25Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.31561 of 2022 D.Seetha ... Petitioner

Versus

1. The Government of Tamil Nadu, Rep by its Principal Secretary, Public Works Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Principal Chief Engineer (WRO), cum Chief Engineer (PWD), Public Works Department, Chepauk, Chennai-600 005.

3. The Executive Engineer, Kollidam Basin Division, (PWD/WRO), Chidambaram-608 001.

Cuddalore District .... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus directing the first respondent to bring the petitioner under the Regular Time Scale of Pay, by considering the petitioner's representation dated 23.06.2022 within a time frame to be fixed by this Court. For Petitioner : Mr.S.Nambirajan For Respondents : Mr.S.Ravichandran 1/4

AGP O RDER This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider the petitioner's representation dated 23.06.2022 requesting the first respondent to appoint her in the Regular Time Scale of Pay.

2. The petitioner relies upon G.O.Ms.No.385 Finance (Salary Department) dated 01.10.2010. The petitioner is a Sanitary Worker in the third respondent office. It is for the respondents to consider whether G.O.Ms.No.385 Finance (Salary Department) dated 01.10.2010 is applicable to the petitioner or not.

3. Heard Mr.S.Nambirajan, learned counsel for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition has been taken up for final disposal.

4. No prejudice would be caused to the respondents if the petitioner's representation dated 23.06.2022, seeking for bringing her under the Regular Time Scale of Pay, is considered on merits and in accordance with law within a 2/4

time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 23.06.2022 seeking for bringing her under the Regular Time Scale of Pay based on G.O.Ms.No.385 Finance (Salary Department) dated 01.10.2010 within a period of twelve weeks from the date of receipt of a copy of this order.

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

25.11.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order 3/4

ABDUL QUDDHOSE,J.

sr To

1. The Principal Secretary, Government of Tamil Nadu, Public Works Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Principal Chief Engineer (WRO), cum Chief Engineer (PWD), Public Works Department, Chepauk, Chennai-600 005.

3. The Executive Engineer, Kollidam Basin Division, (PWD/WRO), Chidambaram-608 001.

Cuddalore District W.P.No.31561 of 2022 25.11.2022 4/4