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Madras High CourtWP/34234/2024disposed of

M.Kannan v. The State Of Tamil Nadu Represented By The

2024-11-22Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

1. M. Kannan

2. M.Maruthamalai

3. S.Rajendran

4. P.Rajendran

5. A.Sadik Basha

6. K.Mohan

7. L.Murugesan

8. K.Krishnan

9. C.Sowrimuthu 10.S. Selvan 11.G.Thangadurai 12.G.Kannaiyan 13.N.Ravichandiran 14.V.Mathiyazhagan 15.A. Mynavathi 16.R.Arasappan 17.G.Krishnan 18.K.Ravikumar 1/7

19.P.Jaganathan 20.S.Arumugam 21.P.Ramasamy

...Petitioners

Vs

1. The State of Tamil Nadu represented by the Principal Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The State of Tamil Nadu represented by the Principal Secretary to Government,Water Resources Department Secretariat, Fort St.George, Chennai - 600 009.

3. The Engineer in Chief (WRO) & Chief Engineer(General), Public Works Department & Water Resources Department, Chepauk, Chennai - 600 005.

4. The Engineer in Chief ( General) Public Works Department, Chepauk, Chennai- 600 005.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pass orders on the recommendation made by the 3rd respondent in his Letter No. 2 4(4)/42563/2021 dated 12.04.2022 and to re-designate the Work Inspector Grade-III as Work Inspector without grade as per orders made in G.O.Ms.No.12 Public Works Department dated 20.01.2000 with all attendant and monetary benefits within a stipulated time and pass orders. 2/7

For Petitioner : Mr. M. Saravana Kumar For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus directing the first respondent to pass orders on the recommendation made by the 3rd respondent in his Letter No. 2 4(4)/42563/2021 dated 12.04.2022 and to re-designate the Work Inspector Grade-III as Work Inspector without grade as per orders made in G.O.Ms.No.12 Public Works Department dated 20.01.2000 with all attendant and monetary benefits

2. Mr. Yogesh Kannadasan, Special Government Pleader takes notice for the Respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

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3. The case of the petitioner is that the petitioners are working as Head Mazdoor for the past 25 years. It is pertinent to note that the 3rd respondent in their letter No. S4(4)/42563/2021 dated 12.04.2022 made recommendation to re-designate the work Inspector Grade-III as per G.O.Ms.No.12 Public Works Department dated 20.01.2000 with all attendant and monetary benefits and the Government also issued G.O.Ms.No.74 Public Works Department dated 12.01.1984 and thereby re-designated the Head Mazdoor post as work Inspector Grade-III. The grievance of the petitioners is that the Head Mazdoor post was not included as feeder category for promotion, due to which the petitioners are working in the same cadre for more than 25 years and their promotions are being affected.

The petitioners' Association have given a representation to the respondents on 12.04.2019. Pursuant to which the 3rd respondent Association recommended the case to the first respondent with the request to redesignate the Head Mazdoor post as Work Inspector on 21.02.2020,12.04.2022 and 21.10.2022. However, there is no progress on the first respondent. Hence, this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first respondent to consider the case of the petitioners based on the recommendation letter given by the third respondent.

5. The learned Special Government Pleader appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

6.Considering the facts and circumstances of the case and the submission made by the learned Special Government Pleader, this Court without expressing any opinion on the merits of the case directs the first respondent to consider the case of the petitioners based on the recommendation made by the 3rd respondent in his Letter No. S4(4)/42563/2021 dated 12.04.2022 and pass orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this Order.

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7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

22.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To

1. The Principal Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Principal Secretary to Government, Water Resources Department Secretariat, Fort St.George, Chennai - 600 009.

3. The Engineer in Chief (WRO) & Chief Engineer(General), Public Works Department & Water Resources Department, Chepauk, Chennai - 600 005.

4. The Engineer in Chief ( General) Public Works Department, Chepauk, Chennai- 600 005.

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V.BHAVANI SUBBAROYAN,J.

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