Madras High CourtWP(MD)/8888/2019disposed of

G.Kennadi, v. The State Of Tamil Nadu,

2019-04-25Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.8888 of 2019

1. G.Kennadi

2. C.Muruganandam

3. M.Srinivasan

4. P.Ilangovan

5. K.Sachithanandam

6. B.Anbu

7. S.Natarajan

8. S.Murugesan

9. M.Kalidoss 10.S.Dhamodharan 11.M.Lakshmanan 12.A.Mathiyazhagan 13.M.Vijayan 14.G.Mani 15.K.Elumalai S/o.P.Kanthan 16.D.Kandeepan 17.B.Baskaran 18.K.Rajendran 19.K.Chokkalingam 20.D.Murthy 21.D.Chandran 22.K.Elumalai S/o.C.Krishnan 23.M.Ravi S/o.Muthan 24.M.Ravi S/o.Munusamy 25.K.Ravi 26.A.Ravi 27.C.Moorthy 28.N.Rajendran 29.K.Seenu 30.L.Srinivasan 31.J.Jeevarathinam 32.R.Panneer 33.M.Elumalai 34.V.Markandan 35.A.M.Sundaran 36.R.V.Manokar 37.K.Kumar 38.M.Jeganathan 39.D.Gothandan 40.K.Krishnan 41.M.Saravanan 42.A.Karthikeyan

43.E.Palani 44.K.Jeyaraman 45.G.Mani 46.A.Thirunavukarasu 47.R.Selvam 48.P.Vadivelu 49.L.Selvam 50.D.Kumaresan 51.R.Sampath 52.B.Sarangan 53.V.Mani 54.P.Sankar 55.A.Subramani 56.K.Devarajan 57.P.Murali 58.K.Arumugam 59.P.Asokan 60.P.Pulendiran 61.L.Neelamegam 62.K.Kothandan 63.C.Srinivasan 64.R.Balaraman 65.V.Balasubramanian 66.M.Selvaraj 67.A.Ganesan 68.N.Karunanithi 69.G.K.Kumar 70.S.Kumaravel 71.V.Panjatcharam 72.D.Shanmugam 73.S.Murugan 74.U.Gopal 75.G.Jeyaraman 76.V.K.Srinivasan 77.V.Manikandan 78.S.Selvaraj 79.R.Pandurangan 80.R.Mohandoss Thangamani 81.R.Ramesh 82.T.Dhamodharan ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by the Secretary to Government, Public works Department, Secretariat, Fort St George, Chennai - 600 009.

2.The Engineer in Chief (General), Public Works Department, Chepauk, Chennai - 600 005.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 07.12.2017 and reminder dated 21.02.2019 and to extend the service benefits in the light of the judgment dated 08.08.2014 made in WA Nos.168 and 169 of 2014 to the petitioners within a stipulated time that may be fixe by this Court.

For Petitioners : Mr.M.Saravanakumar For Respondents : Mr.V.Anand Government Advocate

ORDER

It is stated in the affidavit filed in support of this writ petition that the petitioners, after being initially engaged as casual labourers, on the basis of the policy of the Government, were brought into regular establishment in the time scale of pay and are presently discharging either as Work Inspector or Irrigation Assistant respectively, in the Public Works Department and their services were regularised by a common order issued in G.O.Ms.No.334, Public Works Department dated 19.10.2007. It is further stated that though regularisation of their services was made retrospectively from the date of completion of 10 years of casual labour services, the consequential service flow arising out of the said retrospective regularisation was omitted to be granted. The petitioners state that by judgment dated 08.08.2014 in W.A.Nos.

168 and 169 of 2012, a Division Bench of this Court directed to notionally fix the pay of the appellants therein, who are similarly placed persons like that of the petitioners herein, with effect from the date of completion of 10 years of service as NMRs, with monetary benefits from the date of Government order in G.O.Ms.No.334, Public Works(C2) Department dated 19.10.2007 as it has been extended to others in G.O.Ms.No.124, Public Works Department, dated 15.05.2008 and that the SLP preferred by the Government in SLP(C)Nos.9122 & 9123 of 2016 against the judgment of the Division Bench of this Court was dismissed by the Hon'ble Supreme Court on 29.06.2016, thereby confirming the order passed by the Division Bench.

It is also stated that the benefits of the judgment of the Division Bench of this Court have been extended to 243 persons who were before this Court by issuing G.O.Ms.No.235, Public Works (C2) Department, dated 30.11.2017. 2.With the above background, the petitioners have come up with this writ petition seeking the similar relief. 3.Heard the learned Counsel on either side.

4.It is seen that the petitioners have made representations dated 07.12.2017 and 21.02.2019 to the respondents with regard to the prayer made in this writ petition. Considering the facts and circumstances of the case, the respondents are directed to consider the representation dated 07.12.2017 made by the petitioners in the

light of the decision of this Court in W.A.Nos.168 and 169 of 2012 dated 08.08.2014 which has been confirmed by the Hon'ble Supreme Court in SLP(C)Nos.9122 and 9123 of 2016 dated 29.06.2016, and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Secretary to Government, State of Tamil Nadu, Public works Department, Secretariat, Fort St George, Chennai - 600 009.

2. The Engineer in Chief (General), Public Works Department, Chepauk, Chennai - 600 005.

+2 CC to M/s.M.SARAVANA KUMAR, Advocate SR-62402. +1 CC to SPL GP SR-63360.

ORDER MADE IN WP(MD)No.8888 of 2019 25.04.2019 CS: (07/06/2019) 4P 6C