BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT
DATED : 25/04/2006
CORAM:
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
W.P.No.3471 of 2006
and
W.P.M.P.No.3727 of 2006
1.R.Viswanathan
2.R.Muthumanickam
3.K.Palanisamy
4.R.Balasubramanian
5.R.Ravi
6.S.Velankanni
7.S.Palanivel Senthilkumar
8.K.Dhamodharan
9.S.Ganesh
10.S.Peter Jayaseelan
11.G.Dhandapani
12.S.G.Sekar
..... Petitioners
Versus
1.The Superintending Engineer,
(Buildings), Construction and
Maintenance (Circle - II), P.W.D.,
Madurai - 2.
2.The Executive Engineer (Buildings),
Construction & Maintenance, P.W.D.,
Dindigul.
3.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division - I,
P.W.D., Dindigul.
4.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division - II,
P.w.D., Dindigul.
5.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division,
P.w.D., Kodaikkanal.
6.The Assistant Engineer,
P.W.D., Buildings Maintenance,
Section - I,
Dindigul.
7.The Assistant Engineer, P.W.D.,
Buildings Maintenance and Construction,
Section - 3,
Vedachandur.
8.The Assistant Engineer,
P.W.D., Construction,
Section - 2,
Vedachandur.
9.The Assistant Engineer,
P.W.D.,
Building Maintenance Section,
Nilakkottai,
Dindigul District.
10.State of Tamil Nadu rep. by its
Secretary to Government,
Public Works Department,
Fort St. George,
Chennai - 9.
..... Respondents
PRAYER
Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents 1 to
10 to implement the order in G.O.Ms.No.22 dated 28.02.2006, Personnel and
Administrative Reforms (F) Department and to regularize the service of the
petitioners who have completed more than 10 years of service on daily wages
basis.
!For Petitioners ... Mr.S.Doraisamy
^For Respondents ... Mr.K.V.Vijayakumar,
Special Government Pleader.
:ORDER
Mr.K.V.Vijayakumar, learned Special Government Pleader takes notice
on behalf of the respondents.
2. I have heard the learned counsel for the petitioners and the
Special Government Pleader appearing for the respondents. By consent of both the
counsel, the writ petition itself is taken up for final disposal.
3. This writ petition is filed for a direction against the
respondents 1 to 10 to implement the order of the Government in G.O.Ms.No.22
dated 28.02.2006, Personnel and Administrative Reforms (F) Department and to
regularize the service of the petitioners who have completed more than 10 years
of service on daily wages basis.
4. The G.O.Ms.No.22 dated 28.02.2006 in categoric terms states that
the daily wages employees working in all Government Departments, who have
rendered 10 years of service as on 01.01.2006 to be regularized in the services
and by seeking necessary proposals for the purpose of relaxation in cases, where
it is required. By virtue of the said Government Order, the petitioners who have
completed more than 10 years of service in the Public Works Department, have
filed the present writ petition for a direction to implement the order in
G.O.Ms.No.22 dated 28.02.2006 and also to regularize the service in accordance
with the Government order.
5. Quoting the said G.O., the petitioners have made representations
to the 10th respondent, viz., State of Tamil Nadu on 14.03.2006 for implementing
the said Government order.
6. Considering the above said facts and circumstances that the
Government has passed the orders, directing the Departments to regularize the
service of the persons working in the Government Departments for more than 10
years as daily wages and also considering the fact that the petitioners have
made representations to the 10th respondent on 14.03.2006. Hence, the 10th
respondent is directed to consider the representations of the petitioner dated
14.03.2006 and pass appropriate orders in the light of G.O.Ms.No.22, Personnel
Administrative Reforms (F) Department dated 28.02.2006, regularizing the service
of the petitioners, within a period of eight weeks from the date of receipt of a
copy of this order.
7. With the above direction, the writ petition is disposed of. No
costs. Consequently, the connected miscellaneous petition is closed.
To
1.The Superintending Engineer,
(Buildings), Construction and
Maintenance (Circle – II), P.W.D.,
Madurai – 2.
2.The Executive Engineer (Buildings),
Construction & Maintenance, P.W.D.,
Dindigul.
3.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division – I,
P.W.D., Dindigul.
4.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division – II,
P.w.D., Dindigul.
5.The Assistant Executive Engineer,
(Buildings),
Construction & Maintenance,
Sub-Division,
P.w.D., Kodaikkanal.
6.The Assistant Engineer,
P.w.D., Buildings Maintenance,
Section – I,
Dindigul.
7.The Assistant Engineer, P.W.D.,
Buildings Maintenance and Construction,
Section – 3,
Vedachandur.
8.The Assistant Engineer,
P.W.D., Construction,
Section – 2,
Vedachandur.
9.The Assistant Engineer,
P.W.D.,
Building Maintenance Section,
Nilakkottai,
Dindigul District.
10.The Secretary to Government,
State of Tamil Nadu,
Public Works Department,
Fort St. George,
Chennai – 9.