Madras High Court
K.Balraj vs The State Of Tamil Nadu on 29 July, 2021
WP.Nos.15655 & 15659/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.Nos.15655 & 15659/2021
[Video Conferencing]
K.Balraj .. Petitioner
in WP.No.15655/2021
P.Sebastian .. Petitioner
in WP.No.15659/2021
Vs
1.The State of Tamil Nadu
rep.by its Principal Secretary
to Government, Labour & Employment
[E2] Department, Secretariat,
Chennai-9
2.The Commissioner of Labour
Teynampet, Chennai-6.
3.The Deputy Commissioner of Labour
[Conciliation-I], Dr.Balasundaram Road
RTO Compound, Coimbatore – 18. .. Respondents
in both Writ Petitions
Common Prayer:- Writ Petitions filed under Article 226 of the
Constitution of India, praying for issuance of a writ of mandamus
WP.Nos.15655 & 15659/2021
directing the respondents to consider the claims of the petitioners in
regard to regularization of the petitioners' services on par with their
juniors for the purpose of pension based on the order of this Court in
WA.No.1292/2017 dated 05.12.2017 and pass orders on the same and
grant pension to the petitioners at that time of retirement.
For Petitioners in
both WPs : Mr.G.Elanchezhiyan
For Respondents in
both WPs : Mr.C.Kathiravan
Government Advocate
COMMON ORDER
1. By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the respondents.
3. The petitioners have filed the present writ petition seeking for
issuance of a writ of mandamus, directing the the respondents to
consider the claim of the petitioners with regard to regularization of
the petitioners' services on par with their juniors for the purpose of
pension based on the order of this Court in WA.No.1292/2017 dated
WP.Nos.15655 & 15659/2021
05.12.2017 and pass orders on the same and grant pension to the
petitioners at that time of retirement.
4. Learned counsel for the petitioners would submit that the petitioners
will be satisfied if a direction is issued to the respondents to consider
and pass orders on their representations dated 18.12.2021 and
17.12.2021 on merits within a stipulated time frame.
5. This Court heard the rival submissions and perused the materials
placed.
6. Though the petitioners have prayed for a larger relief, this Court, in
the light of the facts and circumstances of the case and without
going into the merits of the claim made by the petitioners either in
their representations or in the writ petitions, directs the respondents
to consider and dispose of the petitioners' representations dated
18.12.2021 and 17.12.2021 respectively, in the light of the Judgment
passed in WA.No.1292/2017 dated 05.12.2017 and on merits and in
accordance with law and pass appropriate orders within a period of
twelve weeks from the date of receipt of a copy of this order and
communicate the decision taken, to the petitioner herein.
7. The writ petitions stand disposed of accordingly. No costs.
WP.Nos.15655 & 15659/2021
29.07.2021
AP
Internet : Yes
To
1.The Principal Secretary to Government,
State of Tamil Nadu, Labour & Employment
[E2] Department, Secretariat, Chennai-9.
2.The Commissioner of Labour
Teynampet, Chennai-6.
3.The Deputy Commissioner of Labour
[Conciliation-I], Dr.Balasundaram Road
RTO Compound, Coimbatore – 18.
WP.Nos.15655 & 15659/2021
S.S.SUNDAR, J.,
AP
WP.Nos.15655 & 15659/2021
29.07.2021
https://www.mhc.tn.gov.in/judis/ 5
