Anna Centenary Library Employees v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :02.01.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.35594 OF 2019
1. Anna Centenary Library Employees Welfare Association (Registration No.235 of 2012) Represented by its President Mr.S.Manikandan, Gandhi Mandapam Road, Kotturpuram, Chennai - 600 085.
2. K.Prabhu
3. M.Mathisekaran ... Petitioners vs.
1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of Public Libraries, 737/1, Anna Salai, Chennai - 600 006.
3. The Chief Librarian & Information Officer, Anna Centenary Library, Kotturpuram, Chennai - 600 085. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pass a suitable order on the petitioner's representation dated 15.11.2019 within the time frame stipulated by this Court.
For Petitioner : Mr.S.Siva Shanmugam For Respondents: Mrs.V.Annalakshmi Government Advocate
O R D E R
This writ petition has been filed for issuance of writ of mandamus directing the respondents to pass orders on the representation made by the petitioners Association on 15.11.2019 within a time fixed by this Court.
2.This writ petition has been filed by Anna Centenary Library Employees Welfare Association on behalf of its Members who are working as Assistant Librarian and Information Officers under Grade I & II at Anna Centenary Library. The case of the petitioners is that the members of its Association were appointed as Assistant Librarians and Information Officers on Adhoc basis in the year 2010. Thereafter, they were regularized in services in the year 2016 pursuant to the passing of G.O.Ms.No.43 and 44, dated 23.02.2016.
3.The grievance of the petitioners is that pursuant to the above Government Order, the service rules are deemed to have come into effect from 03.03.2010 and as per the service rules, Anna Centenary Library comes under Public Library Department and it is a separate unit for the purpose of appointment, promotion and transfer. Therefore, the petitioner's Association made representation to the respondents to implement the Welfare Fund and Contributory Pension Scheme and Medical Insurance Scheme to its members. Since, the same did not evoke any response from the respondents, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.S.Siva Shanmugam, learned counsel appearing on behalf of the petitioners and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents. 5.
Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representations dated 24.04.2019, 14.11.2019 & 15.11.2019 and pass appropriate orders strictly in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the 1st respondent along with the copy of the earlier representations dated 24.04.2019, 14.11.2019 & 15.11.2019 and also a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr
To
1. The Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of Public Libraries, 737/1, Anna Salai, Chennai - 600 006.
3. The Chief Librarian & Information Officer, Anna Centenary Library, Kotturpuram, Chennai - 600 085.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Siva Shanmugam, Advocate, S.R.No.173 +1cc to the Government Pleader, S.R.No.1365 WP.No.35594 of 2019 VGII(CO) CS/17/02/2020