M.Sathyamurthy, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43901 of 2016 and W.M.P.No.37738 of 2016 M.Sathyamurthy ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep. By Secretary to Government, Milk and Diary Development Department, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Cooperative Milk, Producers Federation Limited, Nandanam, Chennai - 600 035.
3.The Deputy General Manager, Tamil Nadu Cooperative Milk, Producers Federation Limited, Ambattur Diary, Chennai - 600 098.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the second respondent to confirm the petitioner as a permanent staff of factory mechanic and bring the petitioner and his time scale and all also grant monetary service benefits to the petitioner from the year 2015 onwards.
For Petitioner : Mr.S.Venkatesh For Respondents: Mrs.M.E.Raniselvam, Addl. Government Pleader [R1] Mr.T.K.Ashok Kumar [R2 & R3]
O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner would state that he studied up to IX Std., and he was appointed as Mechanic in the service of the second respondent society in the year 2015 and his daily work is to deliver the packed milk and other dairy products and he is being paid with a sum of Rs.299/- per day. The petitioner would further state that he has also registered his name in the Employment Exchange and his Registration number is TVD2014M00006844 and his seniority from 2015 onwards. The petitioner would further state that he pad put in more than 480 days for continuous service and it is relevant to extract hereunder the details:
S.No.
Date of Working Valid days of working 30.03.2015 to 26.05.2015 2.
03.06.2015 to 28.07.2015 05.08.2015 to 29.09.2015 07.10.2015 to 01.12.2015 09.12.2015 to 02.02.2016 10.02.2016 to 05.04.2016 13.04.2016 to 07.06.2016 22.06.2016 to 16.08.2016 24.08.2018 to 18.10.2016 26.10.2016 to 20.12.2016 days
3. The petitioner would state since the petitioner had put in continuous service on 480 days for two previous years, his service is to be regulaised and in this regard has also submitted a representation dated 10.02.2016, to the respondent and since it has not been given disposal, came forward to file this writ petition.
4. This Court heard the submissions of Mr.S.Venkatesh, learned counsel appearing for the petitioner, Mr.M.E.Raniselvam, learned Additional Government Pleader, who accepts notice on behalf the first respondent and Mr.T.K.Ashok kumar, learned counsel, who accepts notice on behalf of respondents 2 and 3.
5. Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and
without going into the merits of the claim either in his representation or in this writ petition, directs the respondents 2 and 3 to consider and dispose of the petitioner's representation dated 10.02.2016 in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Secretary, Government of Tamil Nadu, Milk and Diary Development Department, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Cooperative Milk, Producers Federation Limited, Nandanam, Chennai - 600 035.
3.The Deputy General Manager, Tamil Nadu Cooperative Milk, Producers Federation Limited, Ambattur Diary, Chennai - 600 098.
+1CC TO To.Ashok kumar,Advocate Sr.74489 +1cc to Mr.M.S.Venkatesh, Advocate SR.76092 +1cc to the Government Pleadder SRl74723 Writ Petition No.43901 of 2016 pk[co] srg 20/01/2017