K. Munishwaran, v. The Govt. Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.4506 of 2018 1.K.Munishwaran 2.M.Selvam 3.S.Rafibulla Khan 4.S.Boopathy 5.K.Mayalagu 6.S.Ponmozhi 7.M.Chandrasekar 8.V.Sankaran ... Petitioners Vs.
1.The Government of Tamil Nadu Rep by the Principal Secretary, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration, O/o.The Director Municipal Administration, Chepauk, Chennai-600 005.
3.The Commissioner, Ramanathapuram Municipality, Ramanathapuram, Ramanathapuram District-623 501.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide to the petitioners the service and monetary benefits with effect from the date of initial appointment by treating the regularization of their service to be with effect from the date of initial appointment within the time stipulated by this Court. For Petitioners : Mr.T.Lajapathi Roy For R1 and R2 : Mr.D.Muruganantham Additional Government Pleader For R3 : Mr.A.kannan
O R D E R
This Writ Petition is filed for a direction to the respondents to provide monetary benefits to the petitioners with effect from the date of initial appointment by treating the regularization of their service to be with effect from the date of initial appointment. 1/3
2.The case of the petitioners is that they were appointed in their respective categories through the District Employment Exchange and thereafter, their services were regularized only on 28.02.2006. However, their services were not regularised from the date of their initial appointment. In this regard, the petitioners have made a representation for retrospective regularization from the date of initial appointment. Till date no order has been passed. Hence, the present writ petition is filed.
3.The learned counsel appearing for the petitioners would submit that this Court may issue a direction to the respondents to consider the petitioners' representation, dated 16.07.2015 in accordance with law.
4.The learned Additional Government Pleader appearing for the first and second respondents has no serious objection for considering the petitioners' representation.
5.Heard the learned counsel appearing for the petitioners, the Additional Government Pleader appearing for the first and second respondents and the learned counsel appearing for the third respondent.
6.Considering the facts and circumstances of the case, this Court directs the third respondent to consider the petitioners' representation, dated 16.07.2015 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.
7.With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Government of Tamil Nadu Rep by the Principal Secretary, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai-600 009.
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2.The Director of Municipal Administration, O/o.The Director Municipal Administration, Chepauk, Chennai-600 005.
3.The Commissioner, Ramanathapuram Municipality, Ramanathapuram, Ramanathapuram District-623 501.
+1 CC to M/s.A.KANNAN, Advocate ( SR-13046[F] dated 23/03/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-13174[F] dated 24/03/2021 ) +1 CC to M/s.SPL GP ( SR-13307[F] dated 24/03/2021 ) and W.M.P(MD)No.4506 of 2018 23.03.2021 SE(CO) KB(26.05.2021) 3P 7C 3/3