Dr.C.Sutha v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.11239 to 11262 of 2019 and WMP(MD)Nos.8577 to 8599 of 2019 DR.C.SUTHA ... Petitioner in WP(MD). 11239/ 2019 DR.S.R.MUTHURAM ... Petitioner in WP(MD). 11240/ 2019 DR.V.RAMAR ... Petitioner in WP(MD). 11241/ 2019 DR.S.PRASAD ... Petitioner in WP(MD). 11242/ 2019 DR.P.THILLAIKKARASI ... Petitioner in WP(MD). 11243/ 2019 DR.A.ELAVARASI ... Petitioner in WP(MD). 11244/ 2019 DR.S.GANESAN ... Petitioner in WP(MD). 11245/ 2019 M.VEYILAN ... Petitioner in WP(MD). 11246/ 2019 S.M.SUDHA ROSE ... Petitioner in WP(MD). 11247/ 2019 DR.S.PRABHAKAR ... Petitioner in WP(MD). 11248/ 2019 DR.JEBAGILARY ... Petitioner in WP(MD). 11249/ 2019 M.SARAVANAN ... Petitioner in WP(MD). 11250/ 2019 DR.N.NAKA JOTHI ... Petitioner in WP(MD). 11251/ 2019 DR.M.JENCILIN ... Petitioner in WP(MD). 11252/ 2019 DR.C.

SUNDARRAJ ... Petitioner in WP(MD). 11253/ 2019 DR.R.VIJI ... Petitioner in WP(MD). 11254/ 2019 M.PARASIVAN ... Petitioner in WP(MD). 11255/ 2019 DR.V.KARUPPASAMY ... Petitioner in WP(MD). 11256/ 2019 DR.DORWIN ... Petitioner in WP(MD). 11257/ 2019 DR.T.RENUGADEVI ... Petitioner in WP(MD).

DR.S.RAJU ... Petitioner in WP(MD). 11259/ 2019 DR.G.ALAGIRISAMY ... Petitioner in WP(MD). 11260/ 2019 DR.M.KEELARAJAKULA RAMAN ... Petitioner in WP(MD). 11261/ 2019 DR.S.VELLAIPANDI ... Petitioner in WP(MD). 11262/ 2019 - Vs. - 1.The Secretary to Government, Animal Husbandry Dairying And Fisheries Department, Secretariat, Chennai - 19.

2.The Director of Animal Husbandry & Veterinary Services, O/o. The Director of Animal Husbandry & Veterinary Services, Central Office Buildings Block-II, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 3.

... Respondents in all Writ Petitions Common Prayer in WP(MD) Nos. 11239/ 2019 to 11232/2019 : Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, to direct the 2nd respondent to regularize the petitioners' services with effect from the date of appointment as was granted in respect of the similarly placed persons by the 2nd respondent vide his proceedings in Roc.No. 49852/M1/2015 dated 16.10.2018.

For Petitioners : Mr.M.Ajmalkhan Senior Counsel For R1 & R2 : Mr.CM.Mari Chellaiah Prabhu Additional Government Pleader For R3 : Mr.D.Sivaraman in all the writ petitions COMMON ORDER Seeking a direction to the second respondent to regularize the petitioners' services with effect from the date of their appointment, as was granted in respect of the similarly placed persons by the second respondent vide proceedings in Roc.No.49852/M1/2015 dated 16.10.2018, the petitioners are before this Court.

2.Heard the learned counsel for the petitioners; the learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel for the third respondent. By consent, the Writ Petitions are taken up for final disposal at the stage of admission.

3.The case of the petitioners is that they have been temporarily working as Veterinary Assistant Surgeons. Seeking regularization of their services, as was granted in respect of the similarly placed persons, they made a joint representation on 23.03.2019 to the respondents. Since the same has not been considered so far by the respondents, these writ petitions have been filed.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioners would be considered on merits and appropriate orders be passed by the second respondent.

5.In view of the above submission, this Court, without going into the merits of the case, directs the second respondent to consider the petitioners' representation dated 23.03.2019, in the light of the proceedings issued by the second respondent dated 16.10.2018 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, after due opportunity of hearing to the petitioners.

6.The writ petitions are disposed of with the above direction. No costs. Consequently, WMP(MD)Nos.8577 to 8599 of 2019 are closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) mj To 1.The Secretary to Government, Animal Husbandry Dairying and Fisheries Dept., Secretariat, Chennai - 9.

2.The Director of Animal Husbandry & Veterinary Services, O/o.Director of Animal Husbandry & Veterinary Services, Central Office Buildings Block II, Chennai.

3.The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai - 600 003.

+21CC TO MR.AJMAL ASSO., Advocate Sr. No.64465 TO 64469 +1CC TO MR.D.SIVARAMAN, Advocate Sr. No.64779 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 64932 W.P(MD) No.11239 to 11262 of 2019 30.04.2019 DKS(CO) TR (29.05.2019) 4P 27C