M.Sakthi v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE 1.M.Sakthi 2.K.Iyyanar 3.B.Rambagadur .. Petitioners Vs.
1.Union of India Rep by its Secretary to Government Town and Country Planning Department Chief Secretartiat, Pondicherry.
2.The Chief Town Planner (Town Planning) cum Vice Chairman - Building Centre Villianur, Puducherry.
3.Building Centre Represented by its Member Secretary (Government of Puducherry Undertaking) Pondy Road, Villianur, Puducherry - 605 110.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider representation of the petitioners dated 19.09.2022 and to 1/5
regularize the service of the petitioners and meanwhile to engage them in any of the departments under the first respondent. For Petitioners : Mr.T.Sai Krishnan For Respondents : Ms.DJearany Government Advocate
ORDER
The petitioners seek for regularization of their services with the third respondent in this writ petition.
2. According to the petitioners, by a Resolution passed by the third respondent-Society in its 29th Meeting held on 19.01.2017, the third respondent has decided to regularise the services of the petitioners. The first petitioner is working as Night Watchman, the second petitioner is working as Head Mason and the third petitioner is working as Peon under the third-respondent Society. According to the respective petitioners, despite the aforementioned Resolution, till date they have not been regularised in services. In such circumstances, they have individually submitted their representations dated 19.09.2022 to the respondents to regularise their services in terms of the Resolution passed by the third respondent referred to supra. Since their representations 2/5
have not been considered till date, they have filed this writ petition.
3. Heard Mr.T.Sai Krishnan, learned counsel for the petitioners. Ms.Djearany, learned Government Advocate accepts notice on behalf of the respondents.
4. As seen from the said Resolution, the petitioners are eligible for regularization. However, the petitioners claim that till date they have not been regularized and they also claim that they have now been stopped from coming to work.
5. It is for the respondents to consider their said representations and decide as to whether the petitioners are eligible for regularization. No prejudice would be caused to the respondents, if the petitioners representations dated 19.09.2022, seeking for regularization of their services in the third respondent-Society is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law, on 3/5
the individual representations dated 19.09.2022, seeking for regularization of their services in the third respondent-Society, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs.
25.11.2022 Speaking Order/Non-speaking Order Index : Yes / No ds To:
1.The Secretary to Government Union of India Town and Country Planning Department Chief Secretartiat, Pondicherry.
2.The Chief Town Planner (Town Planning) cum Vice Chairman - Building Centre Villianur, Puducherry.
3.The Member Secretary Building Centre (Government of Puducherry Undertaking) Pondy Road, Villianur, Puducherry - 605 110.
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ABDUL QUDDHOSE.J., ds 25.11.2022 5/5