Madras High CourtWP(MD)/21007/2017disposed of

P.Nagarajan v. The State Of Tamil Nadu

2019-03-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.21007 of 2017 P.Nagarajan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary to Government, Adi Dravida and Tribal Welfare Department, Fort Saint George, Chennai. - 600 009.

2.The Director, Adi-Dravida and Tribal Welfare Department, Kamarajar Road, Chennai - 600 005.

3.The District Adi-Dravida Welfare Officer, Office of the District Adi-Dravida and Tribal Welfare Department, Virudhungar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents herein to regularize the services of the petitioner from the date of his initial appointment by treating the petitioner as full time employee with all consequential, monetary and service benefits.

For Petitioner : Mrs.M.Padmavathy For Respondents : Mr.CM.Marichellaiah Prabhu, Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the respondents to regularise the services of the petitioner from the date of his initial appointment by treating the petitioner as full time employee with all consequential, monetary and service benefits. 2.The grievance of the petitioner is that he was appointed as a Part time Scavenger, on consolidated pay, on 07.03.2012. Though similarly placed persons have been brought under time scale of pay, his case alone has not been considered by the respondents, for bringing him under time scale of pay. In this regard he has made several representations to the respondents. None of them has seen the light so far. Hence, the petitioner is before this Court seeking appropriate orders.

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3.The learned Additional Government Pleader appearing for the respondents submitted that the representations of the petitioner would be considered, within the time stipulated by this Court, on merits.

4.Under such facts and circumstances of the case, without going into the merits of the case, this Court, directs the respondents to consider the petitioner's representation dated 26.10.2016, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) dsk To 1.The Secretary to Government, Adi Dravida and Tribal Welfare Department, Fort Saint George, Chennai. - 600 009.

2.The Director, Adi-Dravida and Tribal Welfare Department, Kamarajar Road, Chennai - 600 005.

3.The District Adi-Dravida Welfare Officer, Office of the District Adi-Dravida and Tribal Welfare Department, Virudhungar.

+1 CC to M/s.M.PADMAVATHY, Advocate ( SR-56107[F] dated 22/03/2019 ) +1 CC to M/s.SPL GP ( SR-56311[F] dated 25/03/2019 ) ORDER MADE IN WP(MD)No.21007 of 2017 22.03.2019 ES/DS/25.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/