Udayakumar v. The Secretary To The State
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Udayakumar ... Petitioner -vs1.The Secretary to the State, Tamil Development and Information Department, Secretariat, Chennai - 600 009.
2.The Director, Tamil Development and Information Department, Tamilsalai, Egmore, Chennai - 600 008.
3.The Director, Ulaga Tamil Sangam, Dr.Thangaraj Salai, Near Govt. Law College, Madurai - 20.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders to regularize the petitioner's service and to fix time scale pay in the third respondent office on the petitioner's representation dated 07.12.2024 in the light of the proceedings of the first respondent in Letter No.10783/ThaVa2-1/2022-4 dated 17.03.2025 within a time frame as may be fixed by this Court.
For Petitioner : Mr.M.Ponniah For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider and pass appropriate orders for regularizing the petitioner's service and for fixing time scale pay in the office of the third respondent, based on the petitioner's representation dated 07.12.2024, in the light of the proceedings of the first respondent in Letter No.10783/ThaVa2-1/2022-4 dated 17.03.2025.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner submits that he was appointed by the second respondent on a consolidated pay and has been continuously working under the third respondent since 03.02.2014. Initially, he served as a Watchman at the Sangathamil Kaatchi Kudam from 06.02.2014 to 31.03.2015. Upon the Sangathamil Kaatchi Kudam coming under the control of the second respondent via G.O.No.37 dated 20.02.2015, the petitioner was assigned various
responsibilities including monitoring of construction works, handling drawings, paintings, stalls, sculptures and issuing tickets at the counter.
4. The petitioner further submits that over the past 11 years, he has been entrusted with multiple roles such as assisting in International and National Conferences, facilitating special speeches and events, arranging hospitality for dignitaries and coordinating with media. The petitioner refers to G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, wherein the Government of Tamil Nadu directed the regularization of daily wage employees, who had completed 10 years of service as on 01.01.2006. He further relied on G.O.No.83, Tamil Development and Information Department, dated 04.06.2013, which provides for the grant of time scale pay and other monetary benefits to employees who have rendered continuous service for at least three years. The petitioner contends that these Government Orders are squarely applicable to his case and he is legally entitled to similar benefits.
5. The petitioner states that he was informed by the third respondent that the first respondent has issued proceedings dated 17.03.2025 seeking additional
details to regularize the services of employees working in similar posts. Hence, the petitioner has made a representation to the respondents dated 07.12.2024. Despite submitting a representation dated 07.12.2024, no further action has been taken by the respondents. Hence, the present Writ Petition.
6. Heard both sides.
7. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
8. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 07.12.2024,
on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
9. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 03.06.2025 Index : Yes / No smn2 To:- 1.The Secretary to the State, Tamil Development and Information Department, Secretariat, Chennai - 600 009.
2.The Director, Tamil Development and Information Department, Tamilsalai, Egmore, Chennai - 600 008.
3.The Director, Ulaga Tamil Sangam, Dr.Thangaraj Salai, Near Govt. Law College, Madurai - 20.
VIVEK KUMAR SINGH , J.
smn2 03.06.2025