Disposed

V.Abirami v. Principal Secretary to Government

Madras HC12 Feb 2020WP/3336/2020

Case brief

AI extract

What is this about?

This petition sought regularization of the petitioner's services under specific Government Orders. The Court directed the Commissioner to forward the petitioner's representation to the Principal Secretary within six weeks, ensuring action is taken in accordance with law.

What did the court decide?

Directions to the 2nd respondent to forward the representation to the 1st respondent within six weeks, with the 1st respondent to pass orders within six weeks thereafter.

V.Abirami Vs Principal Secretary to Government — Pension and Retirement Benefits | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 12.02.2020

¶3

CORAM:

¶4

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH

W.P.No.3336 of 2020

V.Abirami

... Petitioner

-Vs-

Principal Secretary to Government, Municipal Adminstration and Water Supplies Department, Fort St. George,

¶10

Chennai 600 009.

¶11

The Commissioner, Corporation of Chennai, Rippon Building,

¶12

Chennai – 600 003.

¶13

The Zonal Officer, Corporation of Chennai, Zone XIV, Puzzhuthivakkam, Chennai 600 091. ... Respondents

¶14

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus seeking for a direction to the respondents to regularize the services of the petitioner on completion of three years of service from date of his original appointment i.e with effect from 18.01.2010 in the light of the orders passed by the first respondent herein in G.O.(2D) No.64 Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O.2D No.68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 with all

¶15

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

¶16

consequential service and monetary benefits.

¶17

For Petitioner : Mr.G.Bala and Daisy

¶18

For Respondents : Mr.S.N.PArthasarathy, Government Advocate forR1 Mrs.Karthika Ashok Standing Counsel for R2 and R3

¶19

ORDER

¶20

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to extend the benefit of G.O.2D.No.64, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O.2D.No.68, Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019, by regularizing the service of the petitioner.

¶21

The case of the petitioner is that she has been continuously working on a full time basis for the past 12 years without any break. Similarly placed persons had approached this Court and filed WP No.17858 of 2014, seeking for regularization of their service. This writ petition was disposed of by issuing directions to the respondents to consider regularizing the service of the petitioners therein. This was confirmed in Appeal and further confirmed before the Hon'ble Supreme Court.

¶22

It is the case of the petitioner that pursuant to the orders passed by this Court, the 1st respondent has passed G.O.(2D) No.64, Municipal Administration and Water Supplies (MC3) Department dated 08.08.2019 and G.O.(2D) No.68, Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 and the services of those petitioners were regularized.

¶23

The petitioner had also made a representation to the respondents to treat her similarly and extend the benefit of regularization of service. The representation was given by the petitioner on 27.08.2019. Since, it was not considered and no orders were passed, the present writ petition has been filed before this Court, seeking for appropriate directions.

¶24

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

¶25

It is also brought to the notice of this Court that a similar writ petition was filed in WP No.32999 of 2019 before this Court and this Court passed an order on 26.11.2019, directing the respondents to consider and dispose of the representation given by the petitioners therein.

¶26

Heard the learned counsel for the petitioner and the learned respective counsel appearing on behalf of the respondents.

¶27

Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to forward the representation made by the petitioner on 27.08.2019, along with all the service particulars to the 1st respondent, within a period of six weeks from the date of receipt of a copy of this order and the 1st respondent shall thereafter pass orders strictly in accordance with law and in accordance with above GOs, within a period of six weeks thereafter. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of the representation dated 27.08.2019 and also a copy of this order. A copy of the said representation shall also be marked to the 1st respondent.

¶28