C.Karuppasamy, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :23.01.2024
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.No.14811 of 2017 1.C.Karuppasamy 2.S.Nallaiyan 3.S.Veeran 4.P.Marisamy 5.S.Murugan 6.M.Mariammal 7.K.Sankarammal 8.S.Kirshnasamy 9.M.Murugesan 10.A.John Peter 11.M.Lakshmi 12.P.Pappa ... Petitioners Vs 1.The State of Tamil Nadu, Represented by its Secretary, Department of Municipal Administration and Water Supply, Fort St.George, Chennai - 600 009.
2.The Director of Municipal Administration, Page No: 1/7
Chepauk, Chennai - 600 005.
3.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to consider the representation of the petitioners dated 15.03.2017 for regularization of their services in the 3rd respondent Municipality with effect from the date of appointment of their services or at least from the date of completion of 3 years in service from its date of appointment and pass such further order.
For Petitioners : Mr.J.James For RR1 & 2 : Mrs.C.Sangamithirai Special Government Pleader For R3 : Mr.P.Srinivas
ORDER
This Writ Petition has been filed seeking to direct the 2nd respondent to consider the representation of the petitioners dated 15.03.2017 for regularization of their services in the 3rd respondent Municipality with effect from the date of appointment of their services Page No: 2/7
or at least from the date of completion of 3 years in service from its date of appointment.
2. Heard, Mr.J.James, learned counsel for the petitioners, Mrs.Sangamithirai, learned Special Government Pleader appearing for the 1st and 2nd respondents and Mr.P.Srinivas, learned Standing Counsel appearing for the 3rd respondent and perused the materials available on record.
3. The petitioners are working as Sweepers in the 3rd respondent/ Municipality from the year 1999. The petitioners services were regularised in the year 2002 and again in the year 2006, the regularisation order was cancelled. Aggrieved by the said order, the petitioners submitted a representation dated 15.03.2017 to the 2nd respondent requesting to consider their representation for regularisation of their services in the 3rd respondent/ Municipality with effect from their date of appointment of their services or at least from their date of completion of three years of service from their date of appointment. Page No: 3/7
Aggrieved by the in-action of the respondents in not considering the said representation dated 15.03.2017, the petitioners are constrained to approach this Court in filing this Writ Petition.
4. A counter affidavit has been filed on behalf of the 3rd respondent. There is no counter affidavit on behalf of the 1st and 2nd respondents.
5. Having heard the submissions of the respective counsels and on careful perusal of the materials available on record, it appears that the main relief sought for in this Writ Petition is seeking for a direction to consider the representation submitted by the petitioners on 15.03.2017 to the 2nd respondent seeking regularisation of their services in the 3rd respondent/ Municipality with effect from the date of appointment of their service at least from the date of completion of three years of service from their appointment. There is no appropriate instructions from the respondents 1 and 2 with regard to the status of the representation submitted by the petitioners on 15.03.2017. Page No: 4/7
6. Under these circumstances, in my considered view, it is appropriate to dispose of this Writ Petition, without going into the merits of the case, with a direction to the 2nd respondent to consider and dispose of the representation dated 15.03.2017 submitted by the petitioners by following due process of law within a stipulated period and in the interest of justice.
7. Accordingly, this Writ Petition is disposed of with a direction to the 2nd respondent to consider and dispose of the representation dated 15.03.2017 submitted by the petitioners within a period of two (2) months from today, by following due process of law and to communicate the decision to the petitioners. No costs. Consequently, connected miscellaneous petition is closed.
23.01.2024 gba Index : Yes/No Page No: 5/7
Speaking order : Yes/No To 1.The Secretary, for the State of Tamil Nadu, Department of Municipal Administration and Water Supply, Fort St.George, Chennai - 600 009.
2.The Director of Municipal Administration, Chepauk, Chennai - 600 005.
3.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.
Page No: 6/7
BATTU DEVANAND ,J.
gba and W.M.P.No.14811 of 2017 23.01.2024 Page No: 7/7