Thamil Selvi v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8545 of 2019 Thamil Selvi ... Petitioner vs.

1.The Home Secretary, Secretariat, Fort St. George, Chennai.

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularise the petitioner's service of Sanitary Worker at the third respondent, Virudhunagar District , Virudhunagar Rural Police Station, as the petitioner worked there since 01.10.1985 and from 03.11.2009, the petitioner service of sanitary worker brought under the Time Scale of Pay by the third respondent and also on the basis of the G.O.(MD).NO.74, dated 27.06.2013, issued by the Government of Tamil Nadu, Department of Personnel and Administrative Reforms (F).

For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Angappan Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the respondents to regularise the petitioner's service of Sanitary Worker at the third respondent, on the basis of the G.O.(MD).NO.74, dated 27.06.2013, issued by the Government of Tamil Nadu, Department of Personnel and Administrative Reforms (F), by considering her representations dated 27.03.2019 and 29.03.2019.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the writ petition is take up for disposal at the admission stage itself.

3. The case of the petitioner is that she joined in the third respondent office as Sanitary Worker on 01.10.1985 and she is working for more than 35 years. The grievance of the petitioner is that despite her service was brought under Time Scale of Pay from 03.11.2009 by the third respondent, till now her service is not regularized and she has not been paying consequential benefits by the third respondent. Hence, the petitioner made representations to the respondents on 27.03.2019 and 29.03.2019. However, the same have not been considered so far. Therefore, the petitioner has approached this Court by filing this writ petition.

4. The learned Counsel appearing for the petitioner has brought to the notice of this Court to G.O.(Ms)No.74, dated 27.06.2013 issued by the Government of Tamil Nadu, for regularising the daily wages employees, who are working in the Government department for more than 10 years. Hence, he prays for appropriate orders.

5. The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner would be considered by the respondents on merits, within a time frame as fixed by this Court.

6. Considering the facts and circumstances of the case and having regard to the submissions of the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the representations of the petitioner dated 27.03.2019 and 29.03.2019, seeking regularisation of her service and pass appropriate orders on merits and in line with G.O.(Ms)No.74, dated 27.06.2013, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

7. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) ssl To 1.The Home Secretary, Secretariat, Fort St. George, Chennai.

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

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

+1CC TO MR.R.MURUGAPPAN, Advocate Sr. No.60639 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.60379 W.P(MD)No.8545 of 2019 10.04.2019 KMV(CO) TR (02.05.2019) 3P 6C