IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2010 Coram: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.No.37869 of 2006 (O.A.No.8563 of 1998) 1. Krishnan 2. Kumar 3. Kannan 4. Kanniyappan 5. Murugesan 6. Sundamoorthy 7. Pushparaj ... Petitioners Vs. 1. The Assistant Divisional Engineer (HW & RW), Highways Department, Chenglepet Sub-Division, Kancheepuram Road, Chenglepet. 2. The Divisional Engineer (HW & RW), Highways Department, Chenglepet Sub-Division, Chenglepet. 3. The Chief Engineer (HW & RW), Highways Department, Chepauk, Chennai 5. 4. The State of Tamil Nadu, Rep. by its Secretary, Highways Department, Fort St. George, Chennai 9. ... Respondents Prayer:- Writ petition came to be numbered by transfer of O.A.No.8563 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to direct the respondents to regularise the service of the petitioners as Mazdoors with all the backwages, continuity of service and attendant benefits. For Petitioners : Mr.V.Jeeva Giridharan For Respondents : Mr.S.Siva Shanmugam, Government Advocate - - - - - ORDER
O.A.No.8563 of 1998 was filed by the petitioners, before the Tamil Nadu Administrative Tribunal, to direct the respondents to regularise the service of the petitioners as Mazdoors with all the backwages, continuity of service and attendant benefits and the same has been subsequently transferred to this Court and re-numbered as W.P.No.37869 of 2006.
2. The petitioners state that they were working as N.M.R. Mazdoors from the year 1988 in the first respondent Department and doing maintenance work including laying of roads etc., At the time when they filed O.A.No.8563 of 1998, they have put in more than 8 years of service and their request for regularisation in the service went unheaded.
3. One of the grievance expressed by the petitioners is that G.O.Ms.No.184, dated 29.05.1997 was passed and certain benefits were granted to others. This it is stated is based on the order of the Tribunal filed by some similarly placed N.M.R. Mazdoors. The petitioners were not given the same benefits even though they fall under the same category. Therefore, the petitioners’ grievance is that they should be regularised as in the case of similarly placed persons, who had the benefit under G.O.Ms.No.184, dated 29.05.1997.
4. Heard Mr.S.Siva Shanmugam, learned Government Advocate, who submitted that at this point of time, assuming that the petitioners are in service, they would have put in more than 20 years of service. The Government had already granted relief to large number of similarly placed N.M.R. Mazdoors from time to time. The petitioners can approach the authority for similar relief if they have not been already regularised. The above said G.O.Ms.No.184, dated 29.05.1997 and subsequent Government orders, which have been passed from time to time can be referred to for similar relief.
5. In view of the above, the petitioners are permitted to make a representation to the appropriate authority of the respondent department along with a copy of this order for regularisation of their service, if they have not been regularised already. The representation if any sent along with a copy of this order to the appropriate or competent authority shall be considered on merits and disposed within a reasonable period, in any event on or before 31.03.2010. It is needless to state that if the petitioners have already granted the relief or if the claim has been rejected, the same may be intimated to them for taking appropriate steps as per law.
6. This writ petition is disposed of accordingly. No costs.
jrl
To
1. The Assistant Divisional Engineer (HW & RW),
Highways Department, Chenglepet Sub-Division,
Kancheepuram Road, Chenglepet.
2. The Divisional Engineer (HW & RW),
Highways Department, Chenglepet Sub-Division,
Chenglepet.
3. The Chief Engineer (HW & RW),
Highways Department,
Chepauk, Chennai 5.
4. The Secretary,
The State of Tamil Nadu,
Highways Department,
Fort St. George,
Chennai 9