P.Lekeesh, v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.43773 of 2016
1. P.Lekeesh
2. P.Sanjayan
3. O.P.Mahesh
4. K.Vijayan
5. Sajeendran Meethal
6. K.Raveendran
7. V.K.Sukumaran
8. K.M.Surendran
9. Sirosh ..
Petitioners -vs1. The Union of India rep.by the Chief Secretary to Government Government of Union Territory of Puducherry Puducherry
2. The Secretary to Government Local Administration Department Government of Union Territory of Puducherry Puducherry
3. The Director of Local Administration Government of Union Territory of Puducherry Puducherry
4. The Commissioner Mahe Municipality Mahe ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representations of the petitioners dated 21.03.2016 and 12.07.2016 for re-engaging their services on casual basis and for regularization.
For Petitioners:: Mr.D.Bharatha Chakravarthy for M/s Sai, Bharath & Ilan For Respondents:: Ms.D.Reena Iswariya Additional Government Pleader(P)
ORDER
All the nine petitioners, being sponsored by the Mahe employment exchange and after passing through the interview and physical fitness test, were engaged by the fourth respondent Municipality on daily wage basis for conservation work during the period 1997 to 2004. When they were working regularly as casual labourers till the year 2007, there was no impediment for continuation of their services. But after 2007, they were not paid with any salary. Therefore, a representation dated 3.1.2007 was made to the Commissioner, Mahe Municipality and finally the fourth respondent decided to absorb the petitioners on regular basis by means of a resolution and the said resolution was also forwarded to the Director of Local Administration, Government of Union Territory of Puducherry on 24.4.2008.
Pursuant thereto, all the petitioners were directed to produce their educational and other certificates for verification. But the proposal for regularizing their services did not materialise. However, they were allowed to continue in service till June, 2009. From July 2009, the fourth respondent Municipality even stopped engaging their services regularly. In the meanwhile, considering the plight of the casual labourers such as the petitioners, the Government of Union Territory of Puducherry framed a scheme for regularization in G.O.Ms.No.2/LAS/2011 dated 27.5.2011, by which all the employees who were in service as on 27.2.2009 performing the work of the Municipality were directed to be included in the list of casual employees for absorption.
But in the present case, the fourth respondent did not prepare the list including the names of the petitioners, although they were in service as on 27.2.2009. Therefore, representations were given to the respondents on 21.3.2016 and 12.7.2016 seeking to regularize their services. But till date the representations have not been considered. Hence the petitioners have filed the present writ petition.
2. Ms.D.Reena Iswariya, learned Additional Government Pleader (Pondy), taking notice on behalf of the respondents, sought two weeks time to consider the representations of the petitioners.
3. In view of the above, this Court hereby directs the respondents to consider the pending representations of the petitioners on merit and pass appropriate orders in accordance with law within a period of three weeks from the date of receipt
of a copy of this order. The writ petition is disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ss To
1. The Chief Secretary to Government Union Territory of Puducherry Puducherry
2. The Secretary to Government Local Administration Department Government of Union Territory of Puducherry Puducherry
3. The Director of Local Administration Government of Union Territory of Puducherry Puducherry
4. The Commissioner Mahe Municipality Mahe 1 cc to M/s. Sai Bharath and Ilan, Advocate, Sr. 74983 1 cc to Government Pleader, Sr. 76442 W.P.No.43773 of 2016 UG (CO) kk 12/1