Madras High CourtWP(MD)/3255/2020disposed of

C,Murugan v. The State Of Tamil Nadu

2020-02-19Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)Nos.3255 to 3259, 3261, 3296 to 3299, 3301, 3304 to 3307 and C.Murugan ... Petitioner in WP(MD). 3255/ 2020 G.Bhuvaneswari ... Petitioner in WP(MD). 3256/ 2020 Adaikalam ... Petitioner in WP(MD). 3257/ 2020 Packiavathy ... Petitioner in WP(MD). 3258/ 2020 K.Muthu ... Petitioner in WP(MD). 3259/ 2020 C.Vellaiammal ... Petitioner in WP(MD). 3261/ 2020 Mani ... Petitioner in WP(MD). 3296/ 2020 Rajendran ... Petitioner in WP(MD). 3297/ 2020 A.Dharmaraj ... Petitioner in WP(MD). 3298/ 2020 Meyyan ... Petitioner in WP(MD). 3299/ 2020 Moorthy ... Petitioner in WP(MD). 3301/ 2020 Mariammal ... Petitioner in WP(MD). 3304/ 2020 Shanmugam ... Petitioner in WP(MD). 3305/ 2020 Kanagavalli ... Petitioner in WP(MD). 3306/ 2020 Chitra ... Petitioner in WP(MD).3307/ 2020 Jeyalakshmi .. Petitioner in WP(MD). 3309/2020 Vs.

1.The State of Tamilnadu, rep. by, The Secretary to Government, Home(Police) Department, The Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

.. Respondents in all WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to regularise the petitioner's service and to grant the time scale of pay of Rs.4800-10000 with Grade Pay Rs.1,300/- to 1/4

the petitioner notionally with effect from the date of the petitioners appointment as scavenger/sweeper in the Police Department together with the arrears as per the G.O.Ms.No.50, Education Department, dated 08.03.2019, within a time frame fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader COMMON ORDER By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

2. Though the petitioners have sought for issuance of writ of mandamus to direct the respondents to regularise the petitioners' service and to grant the time scale of pay of Rs.4800-10000 with Grade Pay Rs.1,300/- to the petitioners notionally with effect from the date of the petitioners' appointment as scavenger/sweeper in the Police Department together with the arrears as per the G.O.Ms.No.50, Education Department, dated 08.03.2019, in my view, such a decision is to be taken by the second respondent and in case, the petitioners are aggrieved against such any decision, it would be appropriate to approach this Court.

3. The petitioners would submit that they have already made representations in this regard, which are said to be pending. If the said representations are directed to be disposed of within stipulated time, the ends of justice could be secured.

4. Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.

5. In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioners' representations on its own merits and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioners in their representations and it is for the second respondent to consider the same in accordance with law. 2/4

6. With the above directions, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Secretary to Government, The State of Tamilnadu, Home(Police) Department, The Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Pudukkottai District,Pudukkottai.

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-7511[F] dated 21/02/2020 ) +1 CC to M/s.SPL.GP ( SR-7285[F] dated 20/02/2020 ) W.P.(MD)Nos.3255 to 3259, 3261, 3296 to 3299, 3301, 3304 to 3307 and 3309 of 2020 KK/27.02.2020/3P-6C 3/4