Madras High CourtWP(MD)/16902/2015disposed of

A. Muniasamy v. The Secretary To Govt.

2019-03-27Honourable Mr Justice R. Mahadevan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.16902 to 16905 of 2015 W.P(MD)No.16902 of 2015 A.Muniasamy W.P(MD)No.16903 of 2015 U.Nallakannan

W.P(MD)No.16904 of 2015 G.Raman

W.P(MD)No.16905 of 2015 S.Muthu Mariammal

(In all W.Ps) For Petitioner : Mr.S.Visvalinam For Respondents : Mrs.S.Srimathy Special Government Pleader COMMON ORDER All the Writ Petitions are filed seeking a direction to the first respondent to modify the Government order issued in G.O(3D) No.11, School Education(R1) Department, dated 20.02.2012 to the extent that the services of the petitioners are regularized with effect from the date of their first joining as part time sweeper on par with identically placed persons viz., one P.Subramanian, as per G.O.(Perm)No.123, School Education Department, dated 17.08.2011 and R.Solairaju, as per G.O.(Perm)No.88, School Education Department, dated 01.04.2010, with service benefits only as claimed by the petitioners within a time frame as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The learned Counsel appearing for the petitioners submitted that the issue involved herein had already been settled by the order of this Court in W.P.No.4859 of 2009, dated 24.02.2010, which was challenged before the Division Bench of this Court in W.A.No.1520 of 2010 and the same was also dismissed on 25.10.2010, against which, a Special Leave Petition was filed before the Honourable Supreme Court in S.L.P.No.CC.No.8231/2011, dated and the same was also dismissed on 12.01.2011. In view of the same, the Department also implemented the said order and granted the relief to the similarly placed persons vide G.O.Ms.No.123, dated 17.08.2011. Hence, the learned Counsel sought appropriate direction to the respondents.

4. The learned Special Government Pleader appearing for the respondents submitted that the claim of the petitioners would be considered by the respondents on merits and in accordance with law, within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case and also having regard to the fact that the petitioners are similarly placed persons and their cases have also to be considered on the same lines, the respondents are directed to consider the claim of the petitioners and pass appropriate orders, in the light of the order passed in W.P.No.4859 of 2009, dated 24.02.2010 as well as G.O.Ms.No.123, dated 17.08.2011, within a period of eight weeks from the date of receipt of a copy of this order.

6. All the Writ Petitions are disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS) ssl To +4CC TO MR.S.VISVALINGAM, Advocate Sr. No.56863 TO 56866 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.57384 W.P(MD)Nos.16902 to 16905 of 2015 27.03.2019 TR (23.04.2019) 5P 9C