M.Govindaraju v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.30077 of 2022
1. M.Govindaraju
2. C. Muthuraman
3. K.Velu ... Petitioners Vs
1. Government of Tamil Nadu, Represented by the Principal Secretary, Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Forest Plantation Corporation Limited, Karur Road, Mallachipuram, Kambarasampettai, Tiruchirapalli District - 620 101.
... 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 claim of the petitioners herein for appointing them on regular basis in suitable posts commensurate with their educational qualification by 1/6
granting relaxation of relevant rules, in the existing vacancies of TAFCORN, in the light of Representation dated 09.09.2020. For Petitioners ...
Ms.T. Dharani For Respondents ...
Dr.T. Seenivasan, Spl. Govt. Pleader
O R D E R
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Dr.T. Seenivasan, learned Special Government Pleader accepts notice for the respondents.
3.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the claim of the petitioners for appointing them on regular basisin suitable posts commensurate with their educational qualifications by granting relaxation in the relevant rules, in the existing vacancies of TAFCORN, based on the petitioners representations, dated 09.09.2020, within a time frame to be fixed by this Court.
4. The petitioners seek for regularisation of their services with the respondents. They claim that they are in service as Office Assistants from 2004 onwards. However, according to them, their services have not been regularised despite the 2nd respondent recommending their case for 2/6
regularisation to the 1st respondent by its proposals dated 22.01.2016 and 21.08.2019. Since the petitioners have not been regularised, they have filed this writ petition.
5. Heard Ms.T. Dharani, learned counsel for the petitioners and Dr.T.Seenivasan, learned Special Government Pleader for the respondents.
6. The learned Special Government Pleader appearing for the respondents would submit that the petitioners cases have been recommended only for the post of supernumerary worker. However, the same is disputed by the learned counsel for the petitioner and he would submit that the petitioners are entitled for regularisation as Office Assistants.
7. No prejudice would be caused to the respondents, if the petitioners representations are considered on merits and in accordance with law, within a time frame to be fixed by this Court. Since the representations have been given in the year 2020, the petitioners will have to give a fresh representation individually.
8. For the foregoing reasons, this Court directs each of the petitioners to submit a separate representation to the 2nd respondent seeking for regularisation of their services as Office Assistants, within a period of one 3/6
week from the date of receipt of a copy of this order. On receipt of the said representations from the petitioners, the 1st respondent shall pass final orders on merits and in accordance with law, within a period of twelve weeks, thereafter.
9. With the aforesaid direction, the Writ Petition is disposed of. No costs.
14.11.2022 Index: Yes/ No Internet : Yes / No Speaking Order/Non-speaking Order vsi2 To
1. The Principal Secretary, Government of Tamil Nadu, Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009.
2. The Managing Director, 4/6
Tamil Nadu Forest Plantation Corporation Limited, Karur Road, Mallachipuram, Kambarasampettai, Tiruchirapalli District - 620 101.
ABDUL QUDDHOSE, J.
5/6
vsi2 14.11.2022 6/6