Kannammal .V v. District Backward And Minority Welfare Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8178 of 2024 V.Kannammal ... Petitioner /vs./ District Backward and Minority Welfare Officer, (District Backward and Minority Welfare Office, Karur.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to regularize the service of the petitioner from the date of initial appointment and further include the petitioner in regular pension scheme and provide all monetary and other benefits within a stipulated time fixed by this Court. For Petitioner : Mr.V.Manikandan For Respondent : Mr.J.Ashok Additional Government Pleader 1/5

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Mandamus to direct the respondent to regularize the services of the petitioner from the date of her initial appointment and to include the name of the petitioner in regular pension scheme and provide all monetary and other benefits to her.

2. Heard Mr.V.Manikandan, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondent.

3. Mr.V.Manikandan, learned counsel for the petitioner submitted that the petitioner was appointed as Assistant Cook on 07.08.1995 under the first respondent. The petitioner's services have been regularized with effect from 20.09.2007 in pursuant to G.O.Ms.No.19, Backward Class and Most Backward Class and Minorities Welfare (CNAP) Department, dated 07.03.2008.

4. As per the above Government Order, similarly placed persons like the petitioner, who have completed 10 years of service, have been absorbed into regular service and they were allowed to draw regular time scale of pay. However, 2/5

the Government Order would read that the regularization has to be taken effect from 21.01.1981 for the Cooks, who have completed five years of service before 21.01.1981 and the regularization has to be taken effect from 31.03.1982 for the Securities and Peon, who have completed five years of service before 31.01.1982. For the persons, who have completed five years of service after 21.01.1981 and for the persons, who have completed five years of service after 31.03.1982, the regularisation has to be taken effect from the first day of April of the very next year of completion of five years. But the petitioner has joined service in the year 1995. Since the petitioner's services have been regularized as he has completed 12 years of service as on 20.09.2007, his representation dated 18.01.2024 shall be considered by the respondent on merits and in accordance with law and in the light of the earlier judicial pronouncements in this regard within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs. 01.04.2024 Index : Yes / No Internet : Yes / No mm 3/5

To District Backward and Minority Welfare Officer, (District Backward and Minority Welfare Office, Karur.

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R.N.MANJULA , J.

mm Order made in W.P.(MD)No.8178 of 2024 Dated:

01.04.2024 5/5