Citation : 2024 Latest Caselaw 19086 Mad
Judgement Date : 27 September, 2024
W.P.(MD)No.1974 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.1974 of 2022
and W.M.P. (MD) No.1706 of 2022
1.K.Kamuthai
2.P.Raveendrakumar
3.S.Paraman
4.T.Chinnathai
5.Selvendran
6.P.Senthilkumar
7.Kathirvel
8.S.Surlirajan
9.S.Rajeshkannan
10.P.Hemalatha : Petitioners
Vs.
1. The State of Tamil Nadu
Represented by its,
Secretary,
Department of Health and Family Welfare,
Secretariat, Chennai - 9.
2.The Director
O/o. the Director,
Directorate of Medical Education
Kilpauk, Chennai.
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD)No.1974 of 2022
3.The Dean,
O/o. the Dean,
Theni Government Medical College Hospital,
Theni. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus Mandamus to directing the
respondents to consider the petitioner's representation dated 26.06.2021
and regularise their services as a Sanitary Worker in the light of
G.O.Ms.No.325 dated 11.09.2017 on the file of the first respondent
within the time stipulated by this Court.
For Petitioners : Mr.Thirumurugan
For Respondents : Mr.J.Ashok
Additional Government Pleader
ORDER
The petitioners have come forward with this writ petition
praying to issue a Writ of Mandamus, directing the respondents to
consider the representation of the petitioners dated 26.06.2021 and
regularise their services as a Sanitary Worker in the light of G.O.Ms.No.
325 dated 11.09.2017 on the file of the first respondent within a time
frame fixed by this Court.
https://www.mhc.tn.gov.in/judis
2. Heard Mr.Thirumurugan, learned counsel for the petitioner and
Mr.J.Ashok, learned Additional Government Pleader, appearing on behalf
of the respondents 1 to 3.
3. Learned counsel for the petitioner submitted that though they
were appointed in the year 2005, their services had not been regularised
till date. Furthermore, the similarly placed persons, who were working at
Thoothukudi Medical College as the 'Sanitary Workers' were filed a writ
petition in W.P. (MD) No.15909 of 2012 to regularise their services and
the same was allowed. Against which, the respondents had also preferred
an appeal and the same was dismissed on 13.09.2017. Learned Counsel
also placed reliance on the judgment of a Division Bench of this Court in
W.A.(MD) No.840 of 2024 dated 09.09.2024.
4. Learned counsel for the petitioner further submitted that it is
suffice if the petitioner's representation dated 26.06.2021, seeking to
regularise their services as a Sanitary Worker in the light of G.O.Ms.No.
325 dated 11.09.2017 on the file of the first respondent, is considered
and disposed of within a time frame, for which, learned Additional https://www.mhc.tn.gov.in/judis
Government Pleader has agreed.
5. Considering the limited prayer sought for by the petitioner, this
Writ Petition is disposed of with a direction to the first respondent, to
consider the representation of the petitioner dated 26.06.2021 in the light
of G.O.Ms.No.325 dated 11.09.2017 as well as the judgment of the
Division Bench of this Court in W.A.(MD) No.840 of 2024 dated
09.09.2024 and pass appropriate orders on merits and in accordance with
law, within a period of eight weeks from the date of receipt of a copy of
this order. No costs.
27.09.2024
Index : Yes / No Internet : Yes / No PKN
https://www.mhc.tn.gov.in/judis
To
1. The State of Tamil Nadu Represented by its, Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 9.
2.The Director O/o. the Director, Directorate of Medical Education Kilpauk, Chennai.
3.The Dean, O/o. the Dean, Theni Government Medical College Hospital, Theni.
https://www.mhc.tn.gov.in/judis
J.SATHYA NARAYANA PRASAD, J.
PKN
27.09.2024
https://www.mhc.tn.gov.in/judis
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