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Madras High CourtWP(MD)/3310/2023disposed of

M.R.Ramkumar v. The State Of Tamil Nadu

2023-02-20Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.M.R.Ram Kumar 2.S.Amalraja Rethinam 3.M.Sutharsini 4.S.Senthil Kumar 5.V.Balakrishnan 6.N.Karunanidhi 7.V.Alavai Alagan 8.K.Naadi Muthu 9.C.Kannan 10.N.Subramaniyan 11.P.Thangavelu 12.R.Gopinath 13.K.Senthil Kumar 14.M.Ramasamy 15.S.Sivanandam 16.S.Mooppan 17.P.Muruganatham 18.T.Veeramani 19.K.Raja 20.T.Devarajan 21.P.Nallamuthu 22.P.Occhukaalai 23.J.Easkkimuthu 24.S.Geetha Kumari ... Petitioners 1/7

Vs.

1.The State of Tamil Nadu rep.by the Secretary to Government, Public Works Department and Water Resources Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Engineer in Chief (WRO) & Chief Engineer (General), Public Works Department and Water Resources Department, Chepauk, Chennai-600 005.

3.The Engineer in Chief (General), Public Works Department, Chepauk, Chennai-600 005. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioners' representation dated 21.07.2022 based on the recommendation made by the second respondent in Letter No.S4(4)/42563/2021 dated 12.04.2022 and to re-designate the Work Inspector Grade-III as Work Inspector without grade as per the orders made in G.O.Ms.No.12, Public Works Department dated 20.01.2009 with all attendant and monetary benefits. 2/7

For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.K.Christy Theboral Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the first respondent to consider the petitioners' representation dated 21.07.2022 based on the recommendation made by the second respondent in Letter No.S4(4)/42563/2021 dated 12.04.2022 and to re-designate the post of Work Inspector Grade-III as Work Inspector without grade as per the orders made in G.O.Ms.No.12, Public Works Department dated 20.01.2009 with all attendant and monetary benefits.

2. The case of the petitioner is that all the petitioners were initially appointed as Head Mazdoors in Public Works Department as NMR and their services were regularized. While so, the Government issued G.O.Ms.No.74, Public Works Department, dated 12.01.1984 and re-designated the post of Head Mazdoor as Work Inspector Grade-III and stated that the change of designation will not involve any change in their 3/7

duties and responsibilities. The next avenue of promotion to the petitioners is Work Inspector Grade-I. So far as the post of Work Inspector Grade-I is concerned, it may be filled up by promotion from the candidates, who have passed VIII Standard and must have experience of not less than ten years as Head Irrigation Assistant or Irrigation Assistant or Helper (Mazdoor). However, after re-designation the post of Head Mazdoor as Work Inspector Grade-III, their post has not been included as feeder category for promotion to the post of Work Inspector Grade-I. The petitioners are working in the same cadre for more than 25 years without any promotion. Hence, the petitioners have made representation on 21.07.2022 to the respondents and considering the representation of the petitioners, the second respondent has recommended their case to the first respondent. However, till date, no order has been passed by the first respondent. Therefore, the petitioners have filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to consider the 4/7

representation of the petitioners dated 21.07.2022 based on the recommendation made by the second respondent in Letter No.S4(4)/42563/2021 dated 12.04.2022 and dispose of the same, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioners, dated 21.07.2022, based on the recommendation made by the second respondent in Letter No.S4(4)/42563/2021 dated 12.04.2022 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. 5/7

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

20.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To 1.The State of Tamil Nadu rep.by the Secretary to Government, Public Works Department and Water Resources Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Engineer in Chief (WRO) & Chief Engineer (General), Public Works Department and Water Resources Department, Chepauk, Chennai-600 005.

3.The Engineer in Chief (General), Public Works Department, Chepauk, Chennai-600 005.

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M.DHANDAPANI,J.

ssb 20.02.2023 7/7