Madras High Court
Unknown vs The Principal Secretary To The ... on 9 March, 2021
W.P.(MD)No.21041 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.21041 of 2017
1.C.Muthumani
2.A.Boominathan
3.M.Panchavarnam
4.K.Muthu
5.S.Nagarajan
6.S.Kulandhai
7.K.Rajendran
8.S.Karuppan
9.N.Ravi
10.S.Esagu
11.S.Muthammal
12.N.Pappa
13.A.Nagarajan
14.B.Ravi
15.A.Muniyandi
16.K.Selvi
17.K.Sonai
1/7
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W.P.(MD)No.21041 of 2017
18.M.Pichai
19.K.Murugesan
20.B.Murugan
21.M.Sornavalli
22.S.Chinnapa .. Petitioners
Vs
1.The Principal Secretary to the Government,
Department of Municipal Administration and Water Supply,
Fort St.George,
Chennai-9.
2.The Commissioner of Municipal Administration,
Chepauk, Chennai-600 005.
3.The Commissioner,
Paramakudi Municipality,
Paramakudi,
Ramanathapuram District. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to
regularize the services of the petitioners in the post of Sanitary Workers
from the date of initial appointment, ie., 15.06.1998 and provide all the
consequential benefits including pension in the light of the Proceedings
of the Commissioner of Paramakudi Municipality vide
2/7
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W.P.(MD)No.21041 of 2017
Na.Ka.No.C1.3270/99 dated 23.03.2000 and the Judgment passed by this
Court in Secretary to Government vs. V.Marisamy and others dated
30.05.2017 within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents 1 & 2 : Mr.M.Muthugeethayan
Special Government Pleader
For Respondent No.3 : M.Kannan
ORDER
The prayer sought for in the present writ petition is for a direction
to the respondents to regularize the services of the petitioners in the post
of Sanitary Workers from the date of initial appointment, ie., 15.06.1998
and provide all the consequential benefits including pension in the light
of the Proceedings of the Commissioner of Paramakudi Municipality
vide Na.Ka.No.C1.3270/99 dated 23.03.2000 and the Judgment passed
by this Court in Secretary to Government vs. V.Marisamy and others
dated 30.05.2017 within the time stipulated by this Court.
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W.P.(MD)No.21041 of 2017
2. The case of the petitioners is that the petitioners were appointed
as Sanitary Workers in the year in the year 1998 in the third respondent
Municipality. After completion of one year service they were brought
into time scale of pay from the year 1999 and the first petitioner retired
on 30.06.2017 and rest of the petitioners are working in the third
respondent Municipality. At this juncture, the petitioner came to know
that several similarly placed persons, who got retired were denied
pension benefits by stating that they were not regularized. Hence, the
petitioners made a representation on 21.07.2017 to the respondents for
regularization and monetary benefits. Again, the petitioners sent another
representation on 23.10.2017 to grant the said relief in the light of the
Proceedings of the Commissioner of Paramakudi Municipality dated
23.03.2000 and the Judgment passed by this Court in Secretary to
Government vs. V.Marisamy and others dated 30.05.2017. But no order
was passed till date. Hence, this writ petition.
3. The learned counsel for the petitioners would submit that it
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W.P.(MD)No.21041 of 2017
would be suffice, if a direction is issued to the second respondent to
consider the representation of the petitioners dated 23.10.2017 and pass
orders within a reasonable time as fixed by this Court.
4. Per contra, the learned Special Government Pleader appearing
for the respondents 1 and 2 has no serious objection to consider the
request of the petitioners.
5. Heard the learned counsel appearing for the petitioners as well
as the learned Special Government Pleader appearing for the respondents
1 & 2.
6. In view of the limited scope of the prayer sought for by the
petitioner, this Court, without expressing any opinion on the merits of the
matter, directs the respondents to consider the representation dated
23.10.2017 submitted by the petitioner and to pass appropriate orders
thereon on merits and in accordance with law within a period of
twelve(12) weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.21041 of 2017
7. With the above directions, this writ petition stands disposed of.
No costs.
09.03.2021
Index:Yes/No
Internet:Yes/No
PJL
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Principal Secretary to the Government,
Department of Municipal Administration and Water Supply,
Fort St.George,
Chennai-9.
2.The Commissioner of Municipal Administration,
Chepauk, Chennai-600 005.
3.The Commissioner,
Paramakudi Municipality,
Paramakudi,
Ramanathapuram District. .
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.21041 of 2017
M.DHANDAPANI,J.
PJL
W.P.(MD).No.21041 of 2017
09.03.2021
https://www.mhc.tn.gov.in/judis/
