V. Ramesh v. The Secretry To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.[MD]No.20198 of 2015 and W.M.P.(MD)No.12793 of 2018 V.Ramesh : Petitioner Vs.
1.The Secretary to Government, Government of Tamil Nadu, Labour & Employment, Fort St. George, Chennai-600 009.
2.The Chairman (Administration), TANGEDCO, (Formerly Tamil Nadu Electricity Board), No.800, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, Theni Electricity Distribution Circle, Tamil Nadu Electricity Board, Theni-625 531.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation of the petitioner dated 18.12.2014 for regular work considering his past services from 1999, within a reasonable time. For Petitioner : Mr.K.Appadurai For Respondent No.1 : Mrs.J.Padmavathy Devi, Special Government Pleader For Respondents 2&3 : Mr.S.M.S.Johnny Basha
O R D E R
*********** The petitioner has come up with the present Writ Petition seeking a Writ in the nature of a Writ of Mandamus, directing the respondents herein to consider his representation dated 18.12.2014.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing on behalf of the first respondent and the learned Standing Counsel appearing for the respondents 2 and 3.
3. According to the petitioner, he was engaged by the third respondent as contract labour from 28.06.1999 and employed on direct contract basis as casual labourer till 2008. However, without any notice, he was terminated from service. In such an event, stating that similarly placed persons who joined along with the petitioner as well as his juniors were absorbed into regular post, he made a representation dated 18.12.2014 to the respondents claiming appointment at least on regular daily wage basis. Since the same has not been considered so far, he has filed the present Writ Petition.
4. Today, when the Writ Petition was taken up for hearing, the learned counsel for the petitioner submitted that due to passage of time, it would be suffice, if the petitioner is granted liberty to approach the respondents with a fresh representation seeking appropriate relief, for which, the learned Special Government Pleader appearing for the first respondent and the learned counsel for the second and third respondents have no serious objection.
5. Granting such liberty, the Writ Petition stands disposed of. No costs.
6. In view of the order passed in the Writ Petition, W.M.P. (MD)No.12793 of 2018, which was filed to delete the name of the first respondent herein from the array of respondents, stands closed.
Sd/- Assistant Registrar (P & A) // True Copy // Sub Assistant Registrar(CS) SML To
1. The Secretary to Government, Government of Tamil Nadu, Labour & Employment, Fort St. George, Chennai-600 009.
2.The Chairman (Administration), TANGEDCO, (Formerly Tamil Nadu Electricity Board), No.800, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, Theni Electricity Distribution Circle, Tamil Nadu Electricity Board, Theni-625 531.
+1CC TO MR.K.APPADURAI, Advocate Sr. No.57075 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. Order made in W.P.[MD]No.20198 of 2015 Dated: 26.03.2019 (1/2) TR (16.04.2019) 3P 6C