Madras High Court
Unknown vs The State Of Tamil Nadu Rep.By on 15 July, 2021
W.P.No.25201 of 2019
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.25201 of 2019
1.A.Subramani
2.G.Elumalai
3.J.Sugumar
4.J.Chandiran
5.K.Krishnamurthy
6.J.Palanivel
7.L.Longismary
8.D.Munusami
9.D.Selvasundaram
10.S.Ganesan
11.B.Krishnan
12.P.Sarasammal
13.S.Raman
14.P.Settu
15.R.Rajasekar
16.F.Esuraja
17.A.Kamaraj
18.P.Annadurai
1
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W.P.No.25201 of 2019
19.N.Thangavel
20.V.Baskar
21.G.Prabakaran
22.N.Tamilvanam
23.S.Jesudoss
24.R.Nagarathinam
25.G.Ravikumar
26.D.Veeraiyan ...Petitioners
Vs
1.The State of Tamil Nadu rep.by
Its Secretary, Public Works Department,
Fort St.George, Chennai-600 009.
2.The Chief Engineer and Engineer in Chief (General)
Public Works Department,
Chepauk, Chennai-600 005.
3.The Chief Engineer (Buildings)
Public Works Department,
Chepauk, Chennai-600 005. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents 1 and 2 to
grant and extend notional pay fixation and other benefits arising thereto
to the petitioners herein on completion of 10 years of services as casual
labourer/NMR as ordered in G.O.Ms.No.334, Public Works (C2)
Department dated 19.10.2007 and the respective dates mentioned therein
2
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W.P.No.25201 of 2019
by applying the dictum laid down in W.A.Nos.168 & 169 of 2012 dated
08.08.2014 as confirmed in SLP(c) No.9122-9123 of 2016 dated
29.06.2016 and implemented vide G.O.Ms.No.235 Public Works (C2)
Department dated 30.11.2017 within a time to be stipulated by this Court.
For Petitioners : Mr.L.Chandrakumar
For Respondents : Mr.K.Tippu Sulthan,
Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for
final disposal.
2. Since the petitioners' request for notionally fixing their pay from
the date of completion of 10 years of service was not considered, the
present writ petition has been filed. According to the petitioners, they
have made a joint representation to the Principal Secretary, Public Works
Department in this regard on 19.03.2019, which is still pending.
3. The learned counsel for the petitioners placed reliance on the
judgment of the Hon'ble Division Bench of this Court passed in
W.A.Nos.168 & 169 of 2012 dated 08.08.2014 and submitted that an
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W.P.No.25201 of 2019
identical issue was considered by the Hon'ble Division Bench, wherein
the respondents were directed to notionally fix the pay of the appellants/
petitioners therein retrospectively with effect from the date of completion
of 10 years of service as NMRs with monetary benefits from the date of
the Government Order dated 19.10.2007.
4. In the light of the submission made by the learned counsel for
the petitioner, it would be appropriate to direct the second respondent
herein to consider the petitioners' representation dated 19.03.2019, in the
light of the judgment made in W.A.Nos.168 & 169 of 2012, within a
stipulated time and thereby, the ends of justice could be secured. It is
made clear that this Court has not expressed any of its views with regard
to the merits of the claim of the petitioner and that it is open to the
concerned respondent to consider the same on its own merits.
5. Accordingly, there shall be a direction to the second respondent
herein to consider the petitioners' representation dated 19.03.2019, in the
light of the judgment made in W.A.Nos.168 & 169 of 2012 dated
08.08.2014, on its own merits and pass appropriate orders in accordance
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W.P.No.25201 of 2019
with law, within a period of 4 months from the date of receipt of a copy
of this order.
6. With the above direction, this Writ Petition stands disposed of.
No costs.
15.07.2021
Index:Yes/No
Speaking order/Non-speaking order
sbn
To
1.The Secretary,
The State of Tamil Nadu,
Public Works Department,
Fort St.George, Chennai-600 009.
2.The Chief Engineer and Engineer in Chief (General)
Public Works Department,
Chepauk, Chennai-600 005.
3.The Chief Engineer (Buildings)
Public Works Department,
Chepauk, Chennai-600 005.
https://www.mhc.tn.gov.in/judis/
W.P.No.25201 of 2019
M.S.RAMESH,J.
sbn
W.P.No.25201 of 2019
15.07.2021
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