Madras High CourtWP(MD)/11138/2015disposed of

M.Karunanithi v. The Secretary

2016-02-16Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.11138 of 2015 M.Karunanithi

...Petitioner

Vs.

1.The Secretary, Rural Development & Panchayat Raj Department, Secretariat, Chennai.

2.The Commissioner, Rural Development Panchayat Raj, Panagal Building, Chennai 15.

3.The District Collector, Collectorate, Karur.

4.The Commissioner (BDO), Panchayat Union, Kuzhithalai, Karur District.

5.The Commissioner (BDO), Panchayat Union, Karur.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to regularize service from 17.06.2000 and confer all monitory benefits and all other consequential benefits including the old pension scheme with GPF to the petitioner within a stipulate time as that of the similarly placed person.

For Petitioner : Mr.R.Lakshmanan For Respondents 4&5 : Mr.D.Muruganandam, Additional Government Pleader.

For Respondents 1 to 3 : Mr.S.Satheeshkumar, Additional Government Pleader.

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus, to direct the respondents to regularize service from 17.06.2000 and confer all monitory benefits and all other consequential benefits including the old pension scheme with GPF to the petitioner within a stipulated time as that of the similarly placed person.

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2.As per the proceedings of the fourth respondent dated 15.06.1990, the writ petitioner was appointed as Night Watchman along with another person by name M.Ravi. The Government has also issued Government Order in G.O.Ms.No.267, Rural Development (E-7) Department, dated 22.12.1999 to regularize the services of 218 employees of which the petitioner is also one among them. Though several of the employees have been regularized, the said M.Ravi and the writ petitioner herein were not regularized. Therefore, the said M.Ravi filed a writ petition in W.P(MD) No.12898 of 2011 to regularize his services on completion of 10 years of service. The said writ petition was allowed by this Court on 16.04.2012 and the said order has also been complied with by the third respondent. Based on the said order, the petitioner has submitted representation dated 01.06.2015 to the respondents to regularize his services. Since no order has been passed, the petitioner has come up with the above writ petition.

3.Learned Additional Government Pleader for the respondents submitted that the issue involved in this writ petition is covered by the above said decision rendered by this Court in W.P(MD)No.12898 of 2011 and therefore, the same order could be passed.

4.In view of the above, the writ petition is disposed of directing the first respondent to regularize the services of the petitioner on completion of 10 years of service as per G.O.Ms.No.267, Rural Development (E-7) Department, dated 22.12.1999, within a period of four weeks from the date of receipt of a copy of this order and the petitioner also be given monetary benefits within four weeks therefrom. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Secretary, Rural Development & Panchayat Raj Department, Secretariat, Chennai.

2.The Commissioner, Rural Development Panchayat Raj, Panagal Building, Chennai 15.

3.The District Collector, Collectorate, Karur. 4.The Commissioner (BDO), Panchayat Union, Kuzhithalai, Karur District.

5.The Commissioner (BDO), Panchayat Union, Karur. +1cc to the Special Government Pleader, in SR.9462 +1cc to M/s.R.Lakshmanan, Advocate in SR.9072 Writ Petition (MD) No.11138 of 2015 16.02.2016 sms PBK/SK-SKN 25/02/2016 ::2P-8C::

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