Madras High CourtWP(MD)/3607/2013allowed

R. Karuppi, v. The Chief Engineer

2016-09-28Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.03.2014

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.3607 of 2013 R.Karuppi ... Petitioner Vs.

1. The Chief Engineer (Construction) Public Works Department Chepauk, Chennai-600 005

2. The Superintending Engineer Public Works Department (Building Construction and Maintenance Division) Tirunelveli-627 002

3. The Public Information Officer Office of the Executive Engineer Public Works Department Construction and Maintenance Division Virudhunagar

4. The Executive Engineer Public Works Department Construction and Maintenance Division Virudhunagar

5. The Assistant Executive Engineer Public Works Department Construction and Maintenance Division Srivilliputhur

6. The Assistant Executive Engineer Public Works Department Construction and Maintenance Division Rajapalayam ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents to regularize the service of the petitioner's husband from the date of his initial appointment and pay all monetary service and pensionary benefits and family pension. For Petitioner : Mrs.J.Nisha Banu For Respondents : Mr.G.Muthukkannan Government Advocate

O R D E R

Mr.G.Muthukkannan, learned Government Advocate, takes notice for the respondents. With the consent of both the learned counsels, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for issuance of a writ of mandamus directing the respondents to regularize the service of the petitioner's husband from the date of his initial appointment and pay all monetary service, pensionary benefits and family pension.

3. On notice, the respondents filed a counter affidavit, wherein in Paragraph Nos.7 and 9, it is admitted by them that proposal for regularizing the service of the petitioner's husband has been sent to Government of Tamil Nadu for consideration, as early as during 2009 itself.

4. When that being the admitted position in the counter affidavit, this Court is of the view that suitable direction has to be given to the Secretary to Government, Public Works Department, Government of Tamil Nadu, to consider the proposal sent by the respondents and dispose of the same, without any further delay, at any event, within a period of twelve weeks, from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of with a direction as stated supra. No costs.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub-Assistant Registrar To:

1.The Secretary to Government, Government of Tamil Nadu, Public Works Department, Fort St.George, Chennai-9. 2.The Chief Engineer (Construction), Public Works Department, Chepauk, Chennai-600 005 3.The Superintending Engineer, Public Works Department (Building Construction and Maintenance Division) Tirunelveli-627 002 4.The Public Information Officer, Office of the Executive Engineer Public Works Department, Construction and Maintenance Division Virudhunagar

5.The Executive Engineer, Public Works Department Construction and Maintenance Division, Virudhunagar 6.The Assistant Executive Engineer Public Works Department, Construction and Maintenance Division Srivilliputhur 7.The Assistant Executive Engineer Public Works Department Construction and Maintenance Division Rajapalayam.

W.P.(MD) No.3607 of 2013 07.03.2014 krk msm 18.03.2014 p3/8c