Madras High CourtWP/181/2024dismissed

P.Mohanraj v. The Principal Secretary To Government,

2024-01-08Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos. 195 & 196 of 2024

1. P.Mohanraj

2. A.Bhuvana

3. S.Lenin

4. G.Ragu

5. P.Venkatesan

6. N.Selvaraj

7. K.Immanuvel

8. D.Elumalai

9. D.Purushothaman

10. S.Vijayakumar

11. C.Chandran

12. S.Rajini

13. M.Kalaiselvan

14. S.Sekar

15. S.Prabhu

16. G.Suresh

17. S.Thirumal

18. E.Murugesan

19. V.Velu

20. G.Palani

21. T.Saravanan

22. K.Sugumar

23. P.Sivaramakrishnan

24. V.Balaji

25. S.Jayaprakash

26. Emmanuvel .....

Petitioners Vs

1. The Principal Secretary to Government,

Public Works Department, Secretariat, Chennai - 9.

2. The Engineer in Chief (General)/Chief Engineer, Water Resources Department (W.R.D) Public Works Department, Chepauk, Chennai - 5.

3. The Chief Engineer, Chennai Region, Water Resource Department, Chepauk, Chennai - 5.

4. The Executive Engineer, Upper Palar Division, Public Works Department, Vellore - 632 006.

.....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records relevant to the order in Lr.No.S4(1)/40173/2021 dated 29.11.2021 passed bythe 2nd respondent and quash the same as illegal, improper, unreasonable and natural justice and thereby direct the respondents consider the petitioner representation based on the G.O.(Ms) No.233 dated 06.12.2019. For Petitioners : Mr.R.Suryaprakash For Respondents : Mr.U.Baranidharan Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 29.11.2021 in Lr.No.S4(1)/40173/2021 passed by the second respondent,

thereby rejected the representation made by the petitioners to regularise their services.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners were engaged by the respondents on daily wages. In order to prepare the name list of daily wage workers, the second respondent sought for a clarification from the officers concerned. Finally, a list consisting of 87 names of the daily wage workers from Vellore Division was prepared. It was forwarded to the second and third respondents for regularisation as per G.O.(Ms.) No.137, dated 13.09.2019. Thereafter, the Government passed G.O.(Ms.) No.233, dated 06.12.2019, thereby brought the daily wage workers under a minimum pay scale. However, the name of the petitioners were not included in the said Government Order. Therefore, the petitioners submitted a detailed representation and also filed writ petition before this Court in W.P.No.20384 of 2021. This Court, by an order dated 24.09.2021, directed the respondents to pass appropriate orders on merits and in accordance with law on the representation of the petitioners within a period of twelve weeks from the date of receipt of a copy of the order. The said

representation was rejected by an order dated 29.11.2021. Though the rejection order was passed on 29.11.2021, the writ petition has been filed only in the year 2024.

4. A perusal of the records reveals that though the petitioners were not engaged by the respondents even for several years they worked on daily wages. That apart, they failed to complete 10 years of their service as per G.O (Ms) No.233 dated 06.12.2019 and as such, they have not been included in the list of workers. Hence, this Court finds no infirmity or illegality in the order passed by the second respondent and the writ petition is devoid of merits and it is liable to be dismissed.

5. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 08.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To

1. The Principal Secretary to Government,

Public Works Department, Secretariat, Chennai - 9.

2. The Engineer in Chief (General)/Chief Engineer, Water Resources Department (W.R.D) Public Works Department, Chepauk, Chennai - 5.

3. The Chief Engineer, Chennai Region, Water Resource Department, Chepauk, Chennai - 5.

4. The Executive Engineer, Upper Palar Division, Public Works Department, Vellore - 632 006.

G.K.ILANTHIRAIYAN. J, Lpp

08.01.2024