K. Sasikala v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD)No.4880 of 2020 K.Sasikala ... Petitioners Vs.

1.The Government of Tamil Nadu rep. by its Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.

2.The Director of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, Dindigul District, Velunatchiar Complex, Dindigul - 624 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the first respondent to pass appropriate orders to absorb the petitioners as Road Inspectors in the Rural Development and Panchayat Raj Department as per the proposal in Na.Ka.No.14980/12/EE.3, dated 10.08.2013 of the second respondent from the date of the initial appointment/engagement in the post of Technical Assistant under National Rural Employment Guarantee Scheme (NREGS) and grant all the service and monetary benefits within the time limit to be fixed by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

O R D E R

This Writ petition has been filed for a direction to the first respondent to pass appropriate orders to absorb the petitioner as Road Inspector in the Rural Development and Panchayat Raj Department as per the proposal in Na.Ka.No.14980/12/EE.3, dated 10.08.2013 of the second respondent from the date of her initial appointment/engagement in the post of Technical Assistant under National Rural Employment Guarantee Scheme (NREGS) and grant all the service and monetary benefits, within the time limit to be fixed by this Court. 1/3

2.Mr.K.Mu.Muthu, learned Additional Government Pleader, takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.The case of the petitioners is that the petitioner was appointed as Technical Assistant on consolidated pay of Rs.4000/- per month. In these circumstance, the second respondent sent a detailed proposal in Na.Ka.No.14980/12/EE.3, dated 10.08.2013 to the first respondent to absorb 168 Technical Assistants as Road Inspectors, which includes the petitioner herein. In the meanwhile, action has been taken by the first respondent to fill up the posts of Road Inspectors, without absorbing the petitioner as Road Inspector. Aggrieved over the same, the petitioner is before this Court.

4.Though the learned counsel for the petitioner has sought for larger relief, he submitted that it would be suffice, if a direction is issued to the respondents to dispose the proposal sent by the second respondent in Na.Ka.No.14980/12/EE.3, dated 10.08.2013 within a time frame that may be stipulated by this Court.

5.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

6.Considering the above submission and without adverting to the merits of the case, the first respondent is directed to dispose the proposal sent by the second respondent in Na.Ka.No.14980/12/EE.3, dated 10.08.2013 and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

7.With the above direction, this Writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

smn To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Director of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

3.The District Collector, Dindigul District, Velunatchiar Complex, Dindigul - 624 004.

+1 CC to MR.G.THALAIMUTHARASU, Advocate ( SR-12175[F] dated 18/03/2020 ) +1 CC to SPL.GP ( SR-12459[F] dated 19/03/2020 ) W.P.(MD) No.5571 of 2020 18.03.2020 KM (26.05.2020) 3P 6C 3/3