Allowed

C.Thangaraj v. Government of Tamilnadu

Madras HC2 Sept 2016WP/22587/2015

Case brief

AI extract

What is this about?

The High Court allowed writ petitions filed by employees seeking regularisation of service in posts of scavengers and sweepers. Relying on a prior 2014 decision, the court ordered respondents to regularise service with consequential benefits within four weeks.

What did the court decide?

Regularisation of service in posts of Scavanger/Sweeper from date of appointment with consequential benefits to be ordered within 4 weeks.

C.Thangaraj Vs Government of Tamilnadu — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.09.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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WP.Nos.22587 to 22589 of 2015 MP.Nos.1,1 and 1 of 2015 and WMP.Nos.22333 to 22335 of 2016

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1.C.Thangaraj Petitioner-
WP.22587/15
2.A.N.Kondamma Petitioner-
WP.22588/15
3.E.Gnanaprakasam Petitioner-
WP.22589/15
Vs
1.The Government of Tamil Nadu by
Additional Chief Secretary to Government
Education Department,
Fort St.George, Chennai-9
2.The Director of Collegiate
Education, Chennai-6 ..Respondents 1&2 in all
WPs.
3.The Regional Joint Director of
Collegiate Education
Trichy Region, Trichy 620 002. ..3rd Respondent in
W.P.22587/2015
4. The Principal Queen Mary's Collete,
Mylapore Chennai 600 004.
..3rd Respondent in
WP.NO.22588/2015

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The Principal, Thirumagal Government Arts College, Gudiyatham Taluk, Vellore District.

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..3rd Respondent in W.P.22589/2015

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Prayer:- These Writ Petitions are filed uner ARticle 226 of the contitution of India to issue a Writ of Certiorarified Mandamus to call for the records in GO.Ms.No.92 School Education Department, dated 6.6.2012 of the 1st Respondent and in Na.Ka.No.9318/B4/2011, dated 11.12.2012 in So far as the petitiner is concerned and to quash the same and to direct the Respondents to regularise the service of the Petitioners https://hcservices.ecourts.gov.in/hcservices/ in the post of Scavanger (Toilet Cleaner)Sweeper and Sweeper

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respectively and Sweeper from the date of their initial appointment with all consequential service and monetary benefits within a time to be specified by this Court.

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For Petitioner : Mr.S.Mani in all WPs.

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For Respondents : Mr.K.Dhanjayan, AGP in all WPs.

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ORDER

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Though the above miscellaneous petitions to fix an early date to dispose of the main Writ Petition are listed today, by consent of the learned counsel on either side, the main Writ Petitions are taken up for final disposal.

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These Writ Petitions are filed to issue a Writ of Certiorarified Mandamus to call for the records in GO.Ms.No.92 School Education Department, dated 6.6.2012 of the 1st Respondent and in Na.Ka.No.9318/B4/2011, dated 11.12.2012 and to quash the same and to direct the Respondents to regularise the service of the Petitioners in the post of Scavanger (Toilet Cleaner) and Sweeper from the date of their initial appointment with all consequential service and monetary benefits within a time frame.

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This court heard the learned counsel on either side and considered their submissions and also perused the materials placed on record.

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It is brought to the notice of this court by the learned counsel on either side that the issue involved in these Writ Petitions is squarely covered by the decision of this court dated 19.9.2014, made in WP.No.7884 of 2013, wherein GO.Ms.No.92 , dated 6.6.2012 and the consequential proceedings in Na.Ka.9318/P4/1011, dated 11.12.2012, which are impugned in these Writ Petitions, were the subject matters. It is reported by the learned counsel for the Petitioners that now the similarly placed persons have got the benefits on the basis of the above said order of this court and hence, the Petitioners herein may also be granted with the same relief within a time frame to be fixed by this court.

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Since the issue in the present Writ Petitions and the above said Writ Petitions are one and the same, https://hcservices.ecourts.gov.in/hcservices/

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following the order of this court dated 19.9.2014, made in WP.No.7884 of 2013, this court is inclined to pass similar orders in the present Writ Petitions also. Accordingly, these Writ Petitions are allowed in terms of the order dated 19.9.2014 made in WP.No.7884 of 2013. The orders in terms of the said order dated 19.9.2014 shall be passed within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected MPs are closed.

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Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
Srcm
To:
1.The Additional Chief Secretary to Government
of Tamil Nadu, Education Department,
Fort St.George, Chennai-9
2.The Director of Collegiate Education, Chennai-6
3.The Regional Joint Director of
Collegiate Education
O/o. The Regional Joint Director of
Collegiate Education, Trichy Region,
Trichy 620 002.
4. The Principal Queen Mary's Collete,
Mylapore Chennai 600 004.
5. The Principal, Thirumagal Government
Arts College, Gudiyatham Taluk,
Vellore District.
+ 6 ccs to Mr.S.Mani, Advocate Sr.50048, 50612 to 50614
+ 1 cc to the Government Pleader Sr.50300
WP.Nos.22587 to
22589 of 2015
GR(CO)
Eu 05.10.16

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https://hcservices.ecourts.gov.in/hcservices/

C.Thangaraj v. Government of Tamilnadu

Case brief

What is this about?

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C.Thangaraj v. Government of Tamilnadu

Case brief

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