M.Krishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

1. M.Krishnan

2. C. Rajenthiran

3. G. Arumugam

4. K. Murugan

5. P. Damodharan

6. S. Murugan

7. K. Elumalai

8. J.Krishnamoorthi ...

Petitioners vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

3. The District Adi Dravidar & Tribal Welfare Officer, Thiruvallur, Thiruvallur District.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the 1/5

petitioner's representation dated 11.10.2022 to regularise the service of the petitioners in the post of Sanitary Worker with regular time scale of pay on par with regularly appointed Sanitary Workers in the Adi Dravidar Welfare Department with all consequential and other attendant benefits including arrears of salary.

For petitioner : Ms.S. Esairani Narasimman For respondents : Mrs. C. Sangamithirai Special Govt. Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mrs.C. Sangamithirai, learned Special Government Pleader accepts notice for the respondents.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioners' representation dated 11.10.2022 seeking to regularise them in service in the post of Sanitary Worker within a time frame to be fixed by this Court.

4. The petitioners claim that they have been appointed as Sanitary Workers and are employed for more than ten years. However, according to them, their services have not been regularised. In such circumstances, they have given a joint representation on 11.10.2022 to the respondents 2/5

requesting them to regularise their services. Since the representation has not been considered, till date, they have filed this writ petition.

5. Heard Ms.S.Esairani Narasimman, learned counsel for the petitioners and Mrs.C. Sangamithirai, learned Special Government Pleader for the respondents.

6. No prejudice would be caused to the respondents, if the petitioners joint representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. The petitioners claim that they have been working as Sanitary Workers for more than ten years.

It is for the respondents to consider the petitioners' joint representation on merits and in accordance with law.

8. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioners' joint representation dated 11.10.2022 seeking to regularise their services in the post of Sanitary Workers, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

9. With the aforesaid directions, this writ petition is disposed of. No costs.

15.11.2022 (1⁄2) Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Principal Secretary to Government, The State of Tamil Nadu, Adi Dravidar & Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

3. The District Adi Dravidar & Tribal Welfare Officer, Thiruvallur, Thiruvallur District.

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ABDUL QUDDHOSE, J.

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