A.Sagayarajan v. Director Of Rehabilitation Ezhilagam(Annex)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) Nos.21906 & 21909 of 2019 1.A.Sagayarajan ... Petitioner in W.P(MD).No.21906 of 2019 2.K.Arulmurugan ... Petitioner in W.P(MD).No.21909 of 2019 -Vs1. The Director of Rehabilitation Ezhilagam (Annex) Chepauk Chennai 600 005
2. The District Collector Ramanathapuram District
3. The Special Deputy Thasildar (Rehabilitation) Mandapam Camp, Ramanathapuram Ramanathapuram District ... Respondents in both the Writ Petitions COMMON PRAYER: These Writ Petitions have been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to sanction the petitioners' pending wages for the period from 30.06.2018 to 30.07.2019 for the service rendered as Water Over Tank Operators and Electricians in the Srilankan Refugees Camp at Mandapam, Ramanathapuram, based on the proceedings of the 3rd respondent in Na.Ka.A1/2228/2015, dated 29.07.2019, within a time frame as stipulated by this Court. For Petitioners : Mr.S.Sarvagan Prabhu ( In both Writ Petitions) For Respondents : Mr.V.R.
Shanmuganathan Special Government Pleader ( In both Writ Petitions) COMMON ORDER These writ petitions have been filed for a direction to the respondents 1 and 2 to sanction the petitioners' pending wages for the period from 30.06.2018 to 30.07.2019, for the service rendered as Water Over Tank Operators and Electricians in the Srilankan Refugees Camp at Mandapam, Ramanathapuram, based on the proceedings of the 3rd respondent in Na.Ka.A1/2228/2015, dated 29.07.2019, within a time frame as stipulated by this Court.
2.Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, these Writ Petitions are taken up together for final disposal at the stage of admission itself.
3.The petitioners are joined duty on 12.08.2017 at third respondent camp office as Water Over Tank Operators and Electricians on daily wage basis. The petitioners were paid daily wages by the third respondent from 12.08.2017 to 31.05.2018. Thereafter, they were not paid with any wages. Hence, the petitioners have approached the third respondent. The third respondent stated that in view of the pendency of two Writ petitions filed by one Sundar Singh and Raja, who were working in the petitioners' place earlier, for regularisation of their services, he is not in a position to settle the wages for the petitioners, pending from 31.06.2018 to 30.07.2019. From 30.07.2019, the petitioners stopped to attend the work due to non-payment of daily wages.
After repeated requests, the third respondent officials forwarded the relevant records to the respondents 1 and 2. But, till date, the daily wage has not been paid. While so, the third respondent has issued the proceedings in Na.Ka.A1/2228/2015, dated 29.07.2019, informing that unless and until any sanction from the respondents 1 and 2, the pending wages cannot be settled at earliest. Against which, the petitioners have come up with these Writ Petitions.
4.The learned counsel appearing for the petitioners submitted that it would suffice, if a direction is issued to the respondents 1 and 2 to consider the grievance of the petitioners on merits. 5.Considering the nature of relief sought for in these writ petitions and also considering the submission made by the learned counsel appearing for the petitioners, without deciding the issue on merits, the petitioners are directed to send the representations to the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order. On such representations, the respondents 1 and 2 are directed to consider the same, based on the proceedings of the third respondent, dated 29.07.2019 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks, thereafter.
6.With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) 2/3
To
1. The Director of Rehabilitation Ezhilagam (Annex) Chepauk Chennai 600 005
2. The District Collector Ramanathapuram District
3. The Special Deputy Thasildar (Rehabilitation) Mandapam Camp, Ramanathapuram Ramanathapuram District +2 CC to Mr.S.SARVAGAN PRABHU, Advocate SR-92780,92781 +1 CC to SPL GP ( SR-93132[F] dated 18/10/2019 ) W.P.(MD) Nos.21906 & 21909 of 2019 17.10.2019 msa MK (06.11.2019) 3P 7C 3/3