Madras High CourtWP(MD)/21027/2016disposed of

N.Anandan v. The Chief Engineer

2016-11-04Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21027 of 2016 N.Anandan ... Petitioner vs.

1)The Chief Engineer, Public Works Department/ Water Resource Organization, Tallakulam, Madurai Region, Madurai.

2)The Superintending Engineer, Thamirabarani River Basin Division, Tirunelveli-2.

3)The Executive Engineer, Public Works Department/ Water Resource Organization, Sittraru Basin Sub Division, Tenkasi, Tirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner as an office assistant/driver as per his educational qualification and to regularize his service from the date of joining in the service 01.12.1996 and to pay all salary benefits along with backwages vide his representation dated 06.09.2016.

For Petitioner : Mr.D.Saravanan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

This Writ of Mandamus has been filed seeking for a direction to the respondents to appoint the petitioner as Office Assistant/Driver as per his educational qualification and to regularise his services from the date of his joining in the service namely, 01.12.1996 and to pay all the service benefits along with backwages, by considering his representation dated 06.09.2016.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner was initially appointed as driver under the category of Mazdur Grade I on daily wage basis; from 1996 to 2005,

he was working only on daily wage basis; from the year 2005 till date, he is working as a Contract Labour; overall, he has put in 20 years of service, but his services have not been regularised and therefore, he sent the representation the last of one is dated 06.09.2016 to the respondents, to regularise his services and to pay all the service benefits. As the said representation has not been considered, this writ petition has been filed. 3.The 3rd respondent has submitted a recommendation to the 2nd respondent by the proceedings dated 30.06.2009, in which, a list of persons who have completed 10 and 5 years of service on daily wage basis, have been recommended for regularisation and for further action.

4.Therefore, the respondents 1 and 2 are directed to consider the claim of the petitioner in the light of the proceedings dated 30.06.2009 issued by the 3rd respondent within a period of twelve weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To 1)The Chief Engineer, Public Works Department/ Water Resource Organization, Tallakulam, Madurai Region, Madurai.

2)The Superintending Engineer, Thamirabarani River Basin Division, Tirunelveli-2.

3)The Executive Engineer, Public Works Department/ Water Resource Organization, Sittraru Basin Sub Division, Tenkasi, Tirunelveli.

+ 1 CC TO Mr.D.SARAVANAN, ADVOCATE IN SR No. 65960 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66290 NBI TE/GSV-PM : 18/11/2016 : 2P/6C W.P(MD)No.21027 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 04.11.2016