Karthick S v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Karthick ... Petitioner Vs.

1.The Principal Secretary, Secretariat, Chennai -9.

2.The Engineer in Chief Buildings and Chief Engineer, Chepauk, Chennai 5.

3.The Chief Engineer (Buildings), Trichy Region, Trichy District.

4.The Superintending Engineer, Building Construction and Maintenance Circle, Trichy Region, Trichy 01.

5.The Executive Engineer (Electrical), Electrical Division, Trichy 01.

6.The Assistant Executive Engineer (Electrical), Electrical Sub Division, Trichy 17.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to regularise his service for the post of electrical helper and to pay wages to him at minimum of pay scale, in the light of G.O.Ms.No.137, dated 13.09.2019 and G.O.Ms.No.233, dated 06.12.2019 Public Works (C2) Department on par with his co-workers, by considering his representation, dated 26.12.2022.

For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to regularise the petitioner's service for the post of electrical helper and to pay wages to him at minimum of pay scale, in the light of G.O.(Ms).No.137, dated 13.09.2019 and G.O.(Ms.)No. 233, dated 06.12.2019 Public Works (C2) Department, on par with his coworkers, by considering his representation, dated 26.12.2022.

2. The case of the petitioner is that he has been working as Electrical Helper in the Electrical Division Office under the control of 4th, 5th and 6th respondents from 01.05.2001 as NMR and Contract Labour and even after completion of 10 years of service, his service was not regularised. Hence, he has made a representation to the respondents on 16.12.2022, for regularisation of service. However, till date no order has been passed by the respondents. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the second respondent to consider the petitioner's representation dated 26.12.2022 and pass appropriate orders within a reasonable time as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation dated 26.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

24.01.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv To 1.The Principal Secretary, Secretariat, Chennai -9.

2.The Engineer in Chief Buildings and Chief Engineer, Chepauk, Chennai 5.

3.The Chief Engineer (Buildings), Trichy Region, Trichy District.

4.The Superintending Engineer, Building Construction and Maintenance Circle, Trichy Region, Trichy 01.

5.The Executive Engineer (Electrical), Electrical Division, Trichy 01.

6.The Assistant Executive Engineer (Electrical), Electrical Sub Division, Trichy 17.

M.DHANDAPANI,J.

akv 24.01.2023