The Secretary To Government v. B.Shakila Banu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.7458 of 2022

1. The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2. The Secretary to Government, Social Welfare & Nutritious Meal Programme Department, Secretariat, Chennai-600 009.

3. The Secretary to Government, Welfare of Differently Abled Persons Department, Secretariat, Chennai-600 009.

4. The Commissioner of Social Welfare, Chepauk, Chennai-600 005.

5. The District Collector, Theni District, Theni.

... Appellants vs.

1. B.Shakila Banu 1/5

2. P.Kumar

3. R.Mariappan

4. R.Karthik ... Respondents PRAYER : Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.20673 of 2016 and W.M.P(MD)No.14793 and 14794 of 2016 dated 25.02.2020. For Appellants : Mr.N.Satheesh Kumar Additional Government Pleader For R1 to R4 : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates

JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) We do not see any merit in this appeal. The prayer by the writ petitioners is for issuance of a Writ of Certiorarified Mandamus to quash the order of the 5th appellant herein dated 04.10.2016 and to regularise the services of the petitioners who are differently abled individuals.

2.

The Writ Court had specifically recorded a finding that the recommendations of the Commissioner of Revenue Administration dated 23.09.2018 has met the grievances of the writ petitioners. By 2/5

the said recommendation, the Commissioner of Revenue Administration has, in fact, recommended that these four differently abled persons should be brought into the time scale of pay in the post of Record Clerk in the Revenue and Disaster Management Department. Therefore, all that has been done by the Writ Court was to record the recommendation of the Commissioner of Revenue Administration and direct the appellants to implement it. We, therefore, do not see any reason to interfere with the order of the Writ Court.

4.

The Writ Appeal fails and it is accordingly dismissed. The order of the Writ Court shall be implemented within a period of eight weeks from today. No costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 27.06.2023 Index : Yes / No bala 3/5

To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2. The Secretary to Government, Social Welfare & Nutritious Meal Programme Department, Secretariat, Chennai-600 009.

3. The Secretary to Government, Welfare of Differently Abled Persons Department, Secretariat, Chennai-600 009.

4. The Commissioner of Social Welfare, Chepauk, Chennai-600 005.

5. The District Collector, Theni District, Theni.

4/5

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

bala JUDGMENT MADE IN DATED : 27.06.2023 5/5