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Madras High Court

P.Arumugam vs State Of Tamil Nadu on 3 April, 2012

Author: R.Sudhakar

Bench: R.Sudhakar

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated  3.4.2012

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR

W.P.No.4320 of 2010

 

P.Arumugam.                         					..Petitioner 
 
vs.

1.State of Tamil Nadu,
   represented by its
   Secretary to Government,
   Social Welfare and Nutritious
   Meal Programme Department,
   Secretariat,
   Chennai-9.

2.Director of Social Welfare,
   Chepauk,
   Chennai-9.

3.Assistant Director,
   Government Service Home
   Girls Higher Secondary School,
   Tambaram Sanatorium,
   Chennai-47.                        					..Respondents



	Writ Petition is filed under Article 226 of the Constitution of India praying to issue  a Writ of Mandamus, directing the respondents to regularize the services of the petitioner in the regular time scale of pay applicable to the B.T. Cadre post and confer all the consequential benefits. 


	For petitioner  	      : Mr.C.Selvaraju,
					Senior Counsel.
	
	For respondents        	      : Ms.V.M.Velumani,
					Special Government Pleader.	


-----

O R D E R

This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to regularize the services of the petitioner in the regular time scale of pay applicable to the B.T. Cadre post and confer all the consequential benefits.

2. Head Mr.C.Selvaraju, learned Senior Counsel for the petitioner and Ms.V.M.Velumani, learned Special Government Pleader for the respondents.

3. Petitioner seeks regularization of service in timescale of pay applicable to the B.T. Cadre post and consequential benefits. In this regard, petitioner made two representations dated 30.4.2008 and 2.5.2008 to the second respondent referring to G.O.Ms.No.53 Social Welfare and Nutritious Meal Programme Department dated 23.4.1999 and G.O.Ms.No.29 Social Welfare and Nutritious Meal Programme Department dated 28.3.2008 and that representations have not been considered so far.

4. Learned Senior Counsel for the petitioner now relies upon three other Government Orders, namely, G.O.Ms.No.834 School Education Department dated 23.9.1994, G.O.Ms.No.820 Backward Classes Welfare, Nutritious Meal Programme and Social Welfare Department dated 23.9.1989 and G.O.Ms.No.69 School Education Department dated 20.3.2007 for the above stated claim.

5. Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents stated that the authority will look into the claim of the petitioner and the relevant Government Orders as may be applicable and take a decision within twelve weeks as may be directed by this Court.

6. In view of the above, without going into the merits of the claim of the petitioner, the second respondent is directed to consider the two representations as above and the plea of the learned Senior Counsel with regard to the claim of the petitioner on the above Government Orders as may be applicable to the petitioner's claim. Such exercise will be completed preferably within twelve weeks from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of as above. No costs.

ts To

1.The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai-9.

2.Director of Social Welfare, Chepauk, Chennai-9.

3.Assistant Director, Government Service Home Girls Higher Secondary School, Tambaram Sanatorium, Chennai 47