V.Senthil Kumar, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.41524 of 2016 1 V.Senthil Kumar 2 D.P.Venkidusami 3 K.Manivannan 4 A.Rajendiran 5 V.Selvaraj 6 C.Rajendiran .. Petitioners Vs 1 The State of Tamil nadu Rep. by the Secretary Public Works Departments Fort St. George Chennai-9.
2 The Chief Engineer (General) and Engineer in Chief W.R.O Chepauk Chennai-5.
3 The Chief Engineer (Buildings) Public Works Department Chepauk Chennai-5.
4 The Superintending Engineer W.R.O Public Works Department Special Project Circle Palani Dindigul District- 624 619.
5 The Executive Engineer P.W.D W.R.O Public Work Department Amaravathi Basin Division Karur Palani-642 102.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 2nd and 3rd respondents to consider the claim of the petitioners as annexed to the writ petition for regularization of their services on completion of 10 years of NMR/Casual
Labourers services as per G.O.2D.NO. 29 PWD (C2) Department dated 09.02.2016 on the subject on the basis of representation dated 10.11.16 with effect from our initial appointment and within a time to be stipulated by this Honourable Court. For Petitioners :
Ms.S.Esairani Narasimman For Respondents :
Mr.K.Dhananjanyan, Spl. Govt. Pleader.
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 2 and 3 to consider their claim for regularization of their service on completion of ten years of NMR / Casual Labourers services as per G.O.2D.NO. 29 PWD (C2) Department dated 9.2.2016 on the basis of representation dated 10.11.16 with effect from their initial appointment and within a time to be stipulated by this Court.
3. It is the case of the petitioners that all of them were appointed in Special Project Circle, Palani, Dindigul, of the Public Works Department as Casual Labourers / NMRs commencing from 1995 onwards and all of them have completed ten years of service. Though they have completed ten years of service, in spite of proposal and recommendations for favourable consideration of their claims for being brought into regular time scale of pay, they have not been brought into regular time scale of pay. The Government of Tamil Nadu by a policy decision, directed regularization of casual labourers / NMRs, those who have completed ten years of service through G.O.Ms.No.334 dated 19.10.2007, pursuant to which, as many as 1056 NMRs were brought into regular time scale of pay.
Subsequently, very many Government Orders were issued regularizing these types of NMRs into regular time scale of pay and by G.O.Ms.No.134 dated 7.5.2010, about 746 persons were brought into regular time scale of pay. In this regard, the petitioner sent a representation dated 10.11.2016 to the respondents seeking regularization of their service as per G.O.2D.NO. 29 PWD (C2) Department dated 9.2.2016. 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 Special Government Pleader, 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 petitioners to send a fresh representation along with a copy of this order to the first respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the said representation seeking regularization of their service on completion of ten years of service and pass appropriate orders, on merits and in accordance with law and also as per G.O.2D.NO. 29 PWD (C2) Department dated 9.2.2016, within a period of six weeks thereafter. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To 1 The Secretary Public Works Departments Fort St. George Chennai-9.
2 The Chief Engineer (General) and Engineer in Chief W.R.O Chepauk Chennai-5.
3 The Chief Engineer (Buildings) Public Works Department Chepauk Chennai-5.
4 The Superintending Engineer W.R.O Public Works Department Special Project Circle Palani Dindigul District- 624 619.
5 The Executive Engineer P.W.D W.R.O Public Work Department Amaravathi Basin Division Karur Palani-642 102.
+1cc to the Government Pleader, S.R.No.69640 scd(CO) md(21/12/2016) W.P.No. 41524 of 2016