K.Navaneetham v. The Principal Secretary To Government

hIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33895 of 2019 K.Navaneetham ... Petitioner .Vs.

1.The Principal Secretary to Government, Rural Development and Panchayat, Raj Department, Secretariat, Chennai-9.

2.The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai-15.

3.The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to regularize the petitioner's services as Sweeper with effect from 01.07.1999 on completion of 10 years of service and consequently direct the respondents to count 50% of temporary service rendered from 01.07.1989 to 30.06.1999 for calculating pension and direct the respondents herein to settle all retirement benefits within a stipulated time.

For Petitioner : Mr.Ravi Shanmugam For R 1 : Mr.P.S.Sivashanmugasundaram Special Government Pleader For R 2 & R 3 : Mr.S.Suresh Kumar Government Advocate 1/4

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to regularize the services of the petitioner as Sweeper with effect from 01.07.1999, and consequently direct the respondents to count the temporary service for calculating the pension and to settle all the retirement benefits.

2.The petitioner was appointed as a Sweeper in the Pudupalayam Panchayat Union in the year 1989. He was brought under the regular time pay scale of pay with effect from 2010, and he attained superannuation on 31.07.2019. The petitioner has made a representation to the respondents to regularize her services as a Sweeper and to count the temporary service for calculating the pension and to grant her terminal benefits. Since this representation was not disposed of, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.Ravi Shanmugam, learned counsel appearing for the petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appearing on behalf of the 1st respondent and Mr.S.Suresh Kumar, learned Government Advocate appearing on behalf of the 2nd and 3rd respondents. 4.Taking into consideration the facts and circumstances of the case, and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 22.08.2019, and pass orders strictly in accordance with law within a period of eight weeks (8) from the date of receipt of copy of this order.

This writ petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar 2/4

To 1.The Principal Secretary to Government, Rural Development and Panchayat, Raj Department, Secretariat, Chennai-9.

2.The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai-15.

3.The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

+1 cc to M/s.Ravishanmugam Advocate sr101336 W.P.No.33895 of 2019 aa20/01/2020 3/4