K.Elayazhavar, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2016 CORAM :
THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.No.42326 of 2016 1.K.Elayazhavar 2.M.Manivasagam 3.V.Selvarasu 4.K.Saravanan 5.K.Murugan 6.M.Vijayababu 7.J.Jayaseelan 8.P.Nallapillai 9.S.Kumaravel 10.K.Athmanabhan 11.R.Elangovan 12.K.Seenuvasan 13.S.Sathiyanathan 14.K.Ramesh 15.R.Kavitha 16.B.Vasumathi 17.P.Vetrivel 18.G.Elumalai 19.C.Vadivel 20.C.Sarangapani 21.D.Aramuthan 22.S.Dhamotharan 23.P.Selvam 24.A.Sivasakthi 25.D.Palanivel 26.M.Settu 27.A.P.Rajasekaran 28.K.Manikandan 29.K.Murugan 30.R.Bhuvaneshwari 31.V.Alamelu Latha 32.K.Senthilkumar 33.J.Murugan 34.J.Arun Joswa Akesten 35.R.Seenu 36.S.Ashok Kumar 37.S.Subramaniyan 38.V.Prabakaran 39.A.Babu 40.R.Josephraj 41.S.M.Gopinath
42.N.Sivakumar 43.V.Paranan 44.D.Jeevagan 45.R.Ramesh 46.P.Charles 47.A.Arokiaraj 48.P.Maruthaiya 49.S.Selvakumar 50.K.A.Saravanan 51.P.Natarajan 52.J.Clarence Theodore 53.T.Rathinavel 54.T.Amal Raj 55.A.Ravi Chandran 56.P.Manivannan 57.N.Wilsan 58.J.John Bose 59.J.Mohamed Kapoor 60.M.Iyyappan 61.A.Ganesan 62.C.Guganathan 63.S.Naserath 64.A.Gopalakrishnan 65.S.Sivaramakrishnan 66.P.Palani Kumar 67.C.Periyasamy 68.S.Singaravelu 69.M.Manohar 70.M.Vellasamy 71.R.Maniraj 72.T.Baskaran 73.B.Saravanan 74.G.Veeraiyan 75.M.Senthil Kumaran 76.N.Ramalingam 77.A.Devandran 78.M.Settu 79.J.Cahndrasekaran 80.R.Jayakumar 81.A.Hentry Prakasam 82.F.Mahaboob Shariff 83.P.Rosijayarani 84.T.Dhanakodi 85.R.Chandrasekar 86.N.Eswaramoorthy 87.M.Govindan 88.P.Azhagarvel 89.D.Ruthiran 90.K.Mahalingam 91.K.Murugan 92.S.Jayakumaran
93.N.Mathammal 94.M.Sivanesan 95.G.Srinivasan 96.P.Muniappan 97.P.Rajasundara Murugan 98.P.Lakshmi 99.R.Geetha 100.B.Radha 101.K.Nalini 102.D.Arul 103.M.Manivannan 104.V.Venkateshan 105.G.Muthaiyan 106.S.Rajeshwari 107.S.Suresh Kumar 108.R.Jayachandran 109.C.Palanisamy 110.A.Ravi Kumar 111.B.Sasikumar 112.P.C.Anbumani 113.V.Srinivasan 114.P.Chandrakumar 115.S.Perumal 116.N.Thangavelu 117.S.Laskhmi Prabha 118.C.Selvaraju 119.V.Narayanan 120.K.Mohan 121.S.Shanmugan 122.T.Palraj 123.G.Saminathan 124.L.Ranganathan 125.P.Murugan 126.K.Sujatha 127.G.Senthil Kumar 128.R.Sundarammal 129.S.Sathish 130.M.Arumugam 131.S.Velu 132.G.Rarasiman 133.S.Suresh Babu 134.K.Santhi 135.Tmt.Kamatchi 136.P.Subramani 137.K.Saravanan 138.R.Raja 139.M.Punniakotti 140.M.Venugopal 141.A.Dhanasekaran 142.P.Sekar 143.S.Delibabu
144.S.Kannan 145.T.Madhavan 146.K.Loganathan 147.C.Gangatharan 148.R.Boominathan 149.J.Kaliselvan 150.M.Santhi 151.R.Canesan 152.K.Vijayan 153.A.Venugopal 154.J.Gowri 155.M.Joseph Laweance 156.R.Nagarajan 157.K.S.Saravanan 158.A.Murugesan 159.S.Mahesh 160.S.Shanmugasundaram 161.D.Kumaravel ... Petitioner Vs.
1.The State of Tamil Nadu rep. by its Secretary, Public Works Department, Fort St. George, Chennai-600 009.
2.The Chief Engineer and Engineer in Chief (General) Public Works Department, Cepauk, Chennai-600 005.
3.The Chief Engineer (Buildings) Public Works Department, Chepauk, Chennai-600 005.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to regularise the services of the petitioners, on completion of ten years of casual labour services respectively and to extend all benefits thereto with reference to the order of the Division Bench made in W.A.No.493 of 2016, dated 25.04.2016 and W.A.No.631 of 2016, dated 13.06.2016 and on the basis of the representation dated 09.09.2016. For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.S.N.Parthasarathi, GA * * * * *
ORDER
By consent of both sides, the writ petition is taken up for final disposal.
2.The present writ petition has been filed by the petitioners, praying for issuance of a Writ of Mandamus, directing the respondents to regularise the services of the petitioners, on completion of ten years of casual labour services respectively and to extend all benefits thereto with reference to the orders of the Division Bench of this Court made in W.A.No.493 of 2016, dated 25.04.2016 and W.A.No.631 of 2016, dated 13.06.2016 and on the basis of the representation dated 09.09.2016 given by the petitioners.
2-1.It is stated by the petitioners that they are working as Casual Labourers in the Public Works Department and they are the members of the Tamil Nadu Public Works Department Employees Association. It is the grievance of the petitioners that though they have put in more than 10 years of service, their services were not regularised.
2-2.It is stated that the Government had passed an order vide G.O.Ms.No.22 P & AR dated 28.02.2006, prescribing the cut of date as 01.01.2006 for regularising the services of the casual labourers who have put in 10 years of service. However, it is alleged by the petitioners that subsequently, on the basis of the Government order in G.O.Ms.No.334, PWD, dated 19.10,2007, services of many of the casual labourers who were placed similarly to that of the petitioners herein, have been regularised. Hence, the petitioners made representations to the respondents, through individually as well as through their Association, seeking to extend the benefits to the petitioners as given to the similarly placed employees. However, their request was not considered by the respondents. 2-3.
In this regard, the said Association had earlier filed a writ petition in W.P.(MD).No.68 of 2010 seeking to direct the respondents to consider their request for regularising their service. In this said writ petition, by order dated 16.02.2010, this Court directed the respondents to consider the representation of the petitioner with regard to regularization of their service and to pass orders.
2-4.While the petitioners were expecting the regularisation of their service, the Government has issued an order vide G.O.Ms.No.74, P & AR, dated 27.06.2013, framing and formulating certain directives and guidelines to regularisation of the services of the casual labourers.
2-5.The petitioners would further state that the similar issue was considered by the Division Bench of this Court in W.A.No.493 of 2016, vide order dated 25.04.2016 as well as in W.A.No.631 of 2016, dated 13.06.2016, wherein it has been held that the said G.O.Ms.No.74, dated 27.06.2013, can have only prospective effect, so to say that persons who would be completing 10 years of service on or after 27.06.2013 can alone be denied such consideration of regularisation of service. According to the petitioners, they are entitled for regularisation of their service. Hence, narrating the above facts, the petitioners have given representation to the respondents on 09.09.2016 seeking to regularise their service. Since the petitioners' representation was not considered, they have come forward with the present writ petition. 3.
Heard the learned counsel for the petitioners as well as the learned Government Advocate appearing for the respondents and perused the materials available on record. 4.Considering the submissions made on either side, without expressing any opinion on the merits of the claim made by the petitioners, this Court directs the petitioners to give a fresh representation, along with a copy of this order, to the 1st respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the 1st respondent is directed to consider the same, in the light of the orders of the Division Bench of this Court made in W.A.No.493 of 2016, dated 25.04.2016 and W.A.No.631 of 2016, dated 13.06.2016 as well as in the light of the Government Order in G.O.(2D).No.29, PWD (C2) department, dated 09.02.
2016, and to pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter. With the above terms, the writ petitioner is disposed of. No costs.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Secretary, State of Tamil Nadu Public Works Department, Fort St. George, Chennai-600 009.
2.The Chief Engineer and Engineer in Chief (General) Public Works Department, Chepauk, Chennai-600 005.
3.The Chief Engineer (Buildings) Public Works Department, Chepauk, Chennai-600 005.
+ 1 cc to M/s.L.chandrakumar,advocate,sr.71232 +1 cc to Govt.Pleader,sr.71305.
mp(co) krd 12/1 W.P.No.42326 of 2016