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Madras High CourtWP(MD)/15736/2016disposed of

T.Dhasaradhan, v. The Secretary Cum General

2016-08-24Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).Nos.15736 and 15737 of 2016 **** T.Dhasaradhan ... petitioner in WP(MD).No.15736/2016 K.Alagar ... petitioner in WP(MD).No.15737/2016 Vs.

1.The Managing Director, Tamil Nadu Water Supply and Drainage Board (TWAD), No.31, Kamarajar Salai, Chepauk, Chennai-5.

2.The Secretary cum General Manager, Tamil Nadu Water Supply and Drainage Board (TWAD), No.31, Kamarajar Salai, Chepauk, Chennai-5.

3.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Madurai.

4.The Superintendent Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Sivagangai.

5.The Executive Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Rural Water Supply Division, Sivagangai District.

...Respondents in both WPs

W.P.(MD).No.15736 of 2016: This Writ Petition is filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to regularize the service period of the petitioner from 01.09.1981 to 11.05.1989 and include the service for pension benefits with all other benefits by considering the letter dated 23.02.2015 forwarded by the fifth respondent.

W.P.(MD).No.15737 of 2016: This Writ Petition is filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to regularize the service period of the petitioner from 01.09.1981 to 02.05.1989 by considering the letter dated 28.05.2015 forwarded by the fifth respondent and include the service for pension benefits.

For both WPs:- For petitioners : Mr.V.Paneer Selvam (in both WPs) For respondents : Mr.K.Muthuramalingam (in both WPs) ****** COMMON ORDER Since the issue involved in both the Writ Petitions is one and the same, they are taken up together and disposed of, by this common order.

2.

The petitioner in W.P.(MD).No.15736 of 2016 seeks for the issuance of a Writ of Mandamus, directing the respondents to regularize the service period of the petitioner from 01.09.1981 to 11.05.1989 and include the service for pension benefits with all other benefits by considering the letter dated 23.02.2015 forwarded by the fifth respondent. Similarly, the petitioner in W.P.(MD).No.15737 of 2016 seeks for the issuance of a Writ of Mandamus, directing the respondents to regularize the service period of the petitioner from 01.09.1981 to 02.05.1989 and include the service for pension benefits by considering the letter dated 23.02.2015 forwarded by the fifth respondent. 3.

Learned counsel for the petitioners submitted that the although the respondents sanctioned the pension and other benefits to the petitioners, the respondents have not taken into account the service rendered by the petitioner in respect of W.P. (MD).No.15736 of 2016, from 01.09.1981 to 11.05.1989 and from 01.09.1981 to 02.05.1989, in respect of W.P.(MD).No.15737 of 2016, on the ground that there is no regularization orders and therefore, the said period was not included for pension, despite the fact that the similarly placed persons were already granted such benefits. Hence, he prayed for necessary direction to the respondents.

4.

Mr.K.Muthuramalingam, takes notice for the respondents and submitted that reasonable time may be granted to consider the representations of the petitioners. 5.

In the light of factual aspect of the matters and when similarly placed persons were already granted benefits, the respondents are directed to consider the case of the petitioners, in tune with the letter forwarded by the fifth respondent dated 23.02.2015 and 28.05.2015 respectively and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.

With the above direction, both the Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS)

To 1.The Managing Director, Tamil Nadu Water Supply and Drainage Board (TWAD), No.31, Kamarajar Salai, Chepauk, Chennai-5.

2.The Secretary cum General Manager, Tamil Nadu Water Supply and Drainage Board (TWAD), No.31, Kamarajar Salai, Chepauk, Chennai-5.

3.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Madurai.

4.The Superintendent Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Sivagangai.

5.The Executive Engineer, Tamil Nadu Water Supply and Drainage Board (TWAD), Rural Water Supply Division, Sivagangai District.

+2cc to M/s.V.Panner Selvam, Advocate in SR.47299 & 47300 +2cc to M/s.K.Muthuramalingam, Advocate in SR.46847 & 46848 W.P(MD).Nos.15736 and 15737 of 2016 24.08.2016 ssm PBK/GSV-PM 06/10/2016 ::3P-10C: