`IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 09-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.33272 of 2006 (O.A.No.415 of 1996) Lourdusamy .. Petitioner. Versus 1.Divisional Engineer High ways and Rural Works, Chengalpet Division, Chengalpet. 2.Chief Engineer High Ways and Rural Works Chepauk, Madras-5. 3.The Secretary to Tamilnadu Government Highways Department, Fort St George, Madras-9. .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, to direct the respondents to reinstate the applicant in service and regularise his service with all attendant benefits, award cost and damages. For Petitioner : Mr.J.Saravanavel For Respondents : Mr.B.K.Girish Neelakandan Additional Government Pleader O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. It is stated that the petitioner is a Nominal Muster Roll employee, who has been employed as a Gang Mazdoor in the Highways Department in Uthiramerur Sub-Division. The petitioner has been working as such from the year 1979. While so, he was terminated from service by an oral order, on 27.3.91, along with a number of other Nominal Muster Roll Employees working in the Uthiramerur Sub-Division. Therefore, the petitioner has filed an Original Application before the Tamil Nadu Administrative Tribunal in O.A.No.415 of 1996, which has been transferred to this Court and re-numbered as W.P.No.33272 of 2006.
3. No reply affidavit has been filed on behalf of the respondents till date.
4. At the time of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had placed before this Court an order, dated 19.01.2007, made in W.P.No.33274 of 2006 (batch), wherein a direction has been issued to the respondents to consider the request of the petitioners in the light of G.O.Ms.No.223, Highways (HK3) Department, dated 2.11.2006, G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.2.2006 and G.O.Ms.No.67, Highways (HR) Department, dated 25.3.1998, issued by the Government of Tamil Nadu for regularising the services of Nominal Muster Roll Employees. The learned counsel appearing for the petitioner has submitted that this Court may be pleased to pass a similar order, taking note of the fact that the Government had passed various orders for bringing into the regular establishment, the Nominal Muster Roll Employees, who were similarly placed like the petitioner.
5. The learned counsel appearing on behalf of the respondents has no objection for this Court passing such an order.
6. In view of the submissions of the learned counsels appearing on behalf of the petitioner, as well as the respondents, the respondents are directed to consider the request of the petitioner for reinstatement and regularisation of his service and for other attendant benefits, in view of G.O.Ms.No.223, Highways (HK3) Department, dated 2.11.2006, G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.2.2006 and G.O.Ms.No.67, Highways (HR) Department, dated 25.3.1998, and pass appropriate orders thereon, within a period of twelve weeks from the date of receipt of a copy of this order.
With the above directions, the writ petition is disposed accordingly. No costs.
csh
To
1.Divisional Engineer High ways
and Rural Works, Chengalpet Division,
Chengalpet.
2.Chief Engineer High Ways and Rural
Works Chepauk, Madras-5.
3.The Secretary to Tamilnadu
Government Highways Department,
Fort St George,
Madras 9