Madras High CourtWP/4488/2016disposed of

S.Jayanthi v. The State Of Tamilnadu

2016-02-08Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2016

CORAM

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.4488 of 2016 and W.M.P.No.3826 of 2016 1.S.Jayanthi 2.R.Ramesh ... Petitioners Vs.

1.The Secretary to Government, State of Tamil Nadu, Highways & Minor Ports Department, Secretariat, Fort St. George, Chennai-9.

2.The Director General, Office of the Director General, Highways Department, Chepauk, Chennai-600 005.

3.The Chief Engineer (Gen), Highways Department, Chepauk, Chennai-600 005.

4.The Divisional Engineer, Highways (C & M), Trichy, Trichy District.

5.The Divisional Engineer (HW), Jawaharlal Nehru Salai, Jai Nagar, Arumbakkam, Chennai-600 106.

... Respondents Prayer:Petitions filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the respondents to pass appropriate orders for regularisation of services of the petitioners with regular time scale of pay in the light of orders passed in G.O.(2D) No.25, Highways & Minor Ports (HM-II) Department, dated 27.10.2015, by considering the representation submitted by the petitioners dated 18.11.2015 with all consequential and other attendant benefits.

For Petitioners : Mr.G.Sankaran For Respondents : Mr.A.Kumar, Special Government Pleader

O R D E R

This Writ Petition has been filed by the petitioners seeking a Writ of Mandamus, directing the respondents to pass appropriate orders for regularisation of their services with regular time scale of pay in the light of orders passed in G.O.(2D) No.25, Highways & Minor Ports (HM-II) Department, dated 27.10.2015, by considering the representation submitted by them dated 18.11.2015 with all consequential and other attendant benefits, in which, they have mentioned that they have been working as Technical Assistant on daily wages for more than 23 & 22 years respectively with intermediate break under Superintendent Engineer, Highways Department, Subramaniyapuram, Trichy District and Assistant Divisional Engineer, Highways Department (Constructions & Maintenance), Chennai respectively. Therefore, they made several representations seeking the respondents to regularise their services. Since there was no response, they have come forward with this writ petition.

2.Heard Mr.G.Sankaran, learned counsel for the petitioners. Mr.A.Kumar, learned Special Government Pleader takes notice on behalf of the respondents.

3.The learned counsel for the petitioners submitted that similarly placed persons like that of the petitioners were regularised in the light of the Government Order passed in G.O.Ms.No.265, Highways Department, dated 09.11.2007 and hence, pleaded for regularisation of services of the petitioners. 4.The learned Special Government Pleader sought for eight weeks time to consider the pending representation of the petitioners dated 18.11.2015.

5.Considering the limited scope of prayer sought for by the petitioners in this writ petition, this Court, directs the respondents to consider the petitioners' representation dated 18.11.2015 on merits and in accordance with law and pass appropriate orders. The learned counsel for the petitioners is directed to enclose other relevant documents along with the copy of their representation within a week from the date of receipt of a copy of this order. On receipt of the same, the respondents shall pass appropriate orders on the pending representation, within a period of eight weeks thereafter.

6.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar DP To 1.The Secretary to Government, State of Tamil Nadu, Highways & Minor Ports Department, Secretariat, Fort St. George, Chennai-9.

2.The Director General, Office of the Director General, Highways Department, Chepauk, Chennai-600 005.

3.The Chief Engineer (Gen), Highways Department, Chepauk, Chennai-600 005.

4.The Divisional Engineer, Highways (C & M), Trichy, Trichy District.

5.The Divisional Engineer (HW), Jawaharlal Nehru Salai, Jai Nagar, Arumbakkam, Chennai-600 106.

1 cc to M/s.G. Sankaran, Advocate, Sr. 8351 1 cc to Government Pleader, Sr. 8199 W.P.No.4488 of 2016 and WMP.No.3826 of 2016 AK (CO) kk 7/4