Kamuthai.K v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P. (MD) No.1706 of 2022 1.K.Kamuthai 2.P.Raveendrakumar 3.S.Paraman 4.T.Chinnathai 5.Selvendran 6.P.Senthilkumar 7.Kathirvel 8.S.Surlirajan 9.S.Rajeshkannan 10.P.Hemalatha : Petitioners Vs.

1. The State of Tamil Nadu Represented by its, Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 9.

2.The Director O/o. the Director, Directorate of Medical Education Kilpauk, Chennai.

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3.The Dean, O/o. the Dean, Theni Government Medical College Hospital, Theni.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus Mandamus to directing the respondents to consider the petitioner's representation dated 26.06.2021 and regularise their services as a Sanitary Worker in the light of G.O.Ms.No.325 dated 11.09.2017 on the file of the first respondent within the time stipulated by this Court.

For Petitioners : Mr.Thirumurugan For Respondents : Mr.J.Ashok Additional Government Pleader

O R D E R

The petitioners have come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 26.06.2021 and regularise their services as a Sanitary Worker in the light of G.O.Ms.No. 325 dated 11.09.2017 on the file of the first respondent within a time frame fixed by this Court.

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2. Heard Mr.Thirumurugan, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader, appearing on behalf of the respondents 1 to 3.

3. Learned counsel for the petitioner submitted that though they were appointed in the year 2005, their services had not been regularised till date. Furthermore, the similarly placed persons, who were working at Thoothukudi Medical College as the 'Sanitary Workers' were filed a writ petition in W.P. (MD) No.15909 of 2012 to regularise their services and the same was allowed. Against which, the respondents had also preferred an appeal and the same was dismissed on 13.09.2017. Learned Counsel also placed reliance on the judgment of a Division Bench of this Court in W.A.(MD) No.840 of 2024 dated 09.09.2024.

4. Learned counsel for the petitioner further submitted that it is suffice if the petitioner's representation dated 26.06.2021, seeking to regularise their services as a Sanitary Worker in the light of G.O.Ms.No. 325 dated 11.09.2017 on the file of the first respondent, is considered and disposed of within a time frame, for which, learned Additional 3/6

Government Pleader has agreed.

5. Considering the limited prayer sought for by the petitioner, this Writ Petition is disposed of with a direction to the first respondent, to consider the representation of the petitioner dated 26.06.2021 in the light of G.O.Ms.No.325 dated 11.09.2017 as well as the judgment of the Division Bench of this Court in W.A.(MD) No.840 of 2024 dated 09.09.2024 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

27.09.2024 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The State of Tamil Nadu Represented by its, Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 9.

2.The Director O/o. the Director, Directorate of Medical Education Kilpauk, Chennai.

3.The Dean, O/o. the Dean, Theni Government Medical College Hospital, Theni.

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J.SATHYA NARAYANA PRASAD , J.

PKN W.P.(MD) No.1974 of 2022 27.09.2024 6/6