P. Selvam, S/O. Pitchaikani, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.19930 to 19936 of 2018 and W.M.P.(MD)Nos.17715 to 17735 of 2018 P.Selvam : Petitioner in WP(MD)No.19930/2018 P.Velliappan : Petitioner in WP(MD)No.19931/2018 D.Rajendran : Petitioner in WP(MD)No.19932/2018 M.Muthukrishnan : Petitioner in WP(MD)No.19933/2018 P.Parameshwari : Petitioner in WP(MD)No.19934/2018 P.Mariammal : Petitioner in WP(MD)No.19935/2018 S.Sundaravalli : Petitioner in WP(MD)No.19936/2018 Vs.
1. The District Collector,
2. The District Adi Dravida and Tribals Welfare Office, District Collector Office,
3. The Special Tahsildar, Adi Dravida Welfare,
4. The Hostel Warden, Government (AdiNa) Student Hostel, Alangulam, Virudhunagar District.
... Respondents in all cases COMMON PRAYER: Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent impugned order in Na.Ka.T2/19550/2017 dated 02.08.2017 and quash the same, consequently directing the first respondent herein to regularize the service of the petitioner from the date of appointment with continue to pay the salary every month in accordance with law.
For Petitioner : M/s.S.Mahalaksmi (in all W.Ps.) For Respondents : Mr.R.Sethuraman (in all W.Ps.) Special Government Pleader COMMON ORDER These Writ Petitions have been filed to call for the impugned order in Na.Ka.T2/19550/2017 dated 02.08.2017 of the first respondent and quash the same and consequently direct the first respondent herein to regularize the service of the petitioner from the date of appointment and also continue to pay the salary every month in accordance with law.
2.The petitioners were appointed as Cook on 29.02.2016, 30.03.2016, respectively. The present impugned show cause notice was issued on 02.08.2017.
3.There is no evidence to show as to whether the petitioners have given reply to the said show cause notice or not. After a lapse of one year, the petitioners came forward before this Court, challenging the said show cause notice.
4.It is open to the petitioners to give explanation, and receiving such explanation, the respondents are directed to consider the same and thereafter, proceed in accordance with law. Further, this Court makes it clear that if the petitioners have rendered service, they shall be entitled to get wages. 5.Since the show cause notice which has been passed in August 2017, this Court is not inclined to interfere with the same. If the respondents intend to proceed with enquiry, the enquiry shall go on day to day basis, without adjourning the same beyond seven working days and the petitioners shall co-operate with the same. 6.With the above directions, these Writ Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The District Collector,
2. The District Adi Dravida and Tribals Welfare Office, District Collector Office,
3. The Special Tahsildar, Adi Dravida Welfare,
4. The Hostel Warden, Government (AdiNa) Student Hostel, Alangulam, + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 85620 + 7 CC TO M/s.S.MAHALAKSHMI, ADVOCATE IN SR No. 84900 GNS TE/PM/SAR-2 : 01/10/2018 : 3P/13C W.P.(MD)Nos.19930 to 19936 of 2018 18.09.2018