A.Chandran v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.A. Chandran 2.V. Krishnan 3.T. Nanjan 4.C. Selvaraj 5.K. Arumugam 6.N. Mariappan 7.K. Arumugam 8.V.Krishnappan 9.P. Raman 10.M. Selvan 11.G. Sivakumar 12.M. Shanmugam 13.K. Ravi 14.M. Manian 15.K. Rajendran .. Petitioners Vs.

1.The Chief Secretary, Water Resources Department, Secretariat Office, Chennai - 600 009.

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2.The Chief Engineer (General), Public Works Department, Chepauk, Chennai - 5.

3.The Executive Engineer, Water Resources Organization, Public Works Department, Bhavani Sagar Dam Division, Bhavani Sagar.

4.The Executive Engineer, Water Resources Organization, Public Works Department, Lower Bhavani Basin Division.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioners' representation dated 30.12.2021 for regularizing their services on the date of completing of 10 years of their respective services including their deemed service between 1992 to 1997 from the date of original appointment and grant all the consequential monetary benefits as directed in the order dated 29.04.2003 made in O.A.Nos.4151 and 4531 of 1991 and C.A.No.176 of 1995 passed by the then Hon'ble The Tamil Nadu Administrative Tribunal, Chennai within the time frame fixed by this Court.

For Petitioners : Mr.R. Prabakar For Respondents : Mr.K. Tamilvendan, Government Advocate 2/6

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the first and second respondents to pass final orders on the petitioners' representation dated 30.12.2021, requesting the respondents to regularize their service from the date of their original appointment.

2. Heard the learned counsel for the petitioners. Mr.K. Tamilvendan, learned Government Advocate, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioners have completed 10 years of their service. Earlier, they were Nominal Muster Roll employees (NMRs) and pursuant to the directions issued by the State Administrative Tribunal, they were regularized into service. However, according to them, they were regularized belatedly though their initial appointment was much earlier. In such circumstances, they have given a representation on 30.12.2021 to the respondents, requesting the respondents to regularize their service from the date of their original appointment.

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4. No prejudice will be caused to the respondents if the petitioners' representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the first and second respondents to pass final orders on the petitioners' representation dated 30.12.2021 seeking to regularize their respective services from the date of their respective appointment as NMRs, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition stands disposed of. No costs. Connected miscellaneous petitions are closed. 24.11.2022 (1⁄2) Speaking/Non-speaking order Index: Yes/No Internet: Yes/No Sni 4/6

To 1.The Chief Secretary, Water Resources Department, Secretariat Office, Chennai - 600 009.

2.The Chief Engineer (General), Public Works Department, Chepauk, Chennai - 5.

3.The Executive Engineer, Water Resources Organization, Public Works Department, Bhavani Sagar Dam Division, Bhavani Sagar.

4.The Executive Engineer, Water Resources Organization, Public Works Department, Lower Bhavani Basin Division.

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ABDUL QUDDHOSE,J.

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