Madras High Court
D.Rajesh Mesia Das vs )The Secretary on 2 September, 2016
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.09.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P(MD)Nos.18069 to 18071 of 2013
and
Cont.P(MD)Nos.191 and 192 of 2015
and
M.P(MD)Nos.1, 1 and 1 of 2013 and 1 and 1 of 2014
D.Rajesh Mesia Das ... Petitioner in W.P.18069/13
T.Dhana Lakshmi ... Petitioner in W.P.18070/13
D.Angelin Jayakumar ... Petitioner in W.P.18071/13
D.Rajesh Mesia Das ... Petitioner in Cont.P.191/15
D.Dhana Lekshmi ... Petitioner in Cont.P.192/15
vs.
1)The Secretary,
Government of Tamilnadu,
Department of Public Works
Secretariat, Fort St.George,
Chennai-600 009.
2)The Chief Engineer,
Public Works Department,
(Building Construction and Maintenance),
Chepauk, Chennai-600 005.
3)The Superintending Engineer,
Public Works Department,
(Building Construction and Maintenance),
Tirunelveli.
4)The Executive Engineer,
Public Works Department,
(Building Construction and Maintenance),
Nagercoil Division,
Kanyakumari District.
5)The Assistant Executive Engineer,
Public Works Department,
(Building Construction and Maintenance),
Kuzhithurai, Kanyakumari District. ... Respondents in WPs
1)Mr.Sai Kumar,
Secretary,
Government of Tamilnadu,
Department of Public Works
Secretariat, Fort St.George,
Chennai-600 009.
2)Mr.Sampath,
Chief Engineer,
Public Works Department,
(Building Construction and Maintenance),
Chepauk, Chennai-600 005.
3)Mr.Kumaresan,
Superintending Engineer,
Public Works Department,
(Building Construction and Maintenance),
Tirunelveli.
4)Mr.H.Asai Thampi,
Executive Engineer,
Public Works Department,
(Building Construction and Maintenance),
Nagercoil Division,
Kanyakumari District.
5)Mr.V.Shanmugavel,
Assistant Executive Engineer,
Public Works Department,
(Building Construction and Maintenance),
Kuzhithurai, Kanyakumari District.
... Respondents in Cont.P(MD)Nos.191 and 192 of 2015
Writ Petitions filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the records of the 4th respondent in Letter No.2302/2008/Tha.2/dated
04.10.2013 and quash the same as illegal and consequently direct the
respondent to regularise the service of petitioner with time scale of pay
from the date of completion of ten years service.
Contempt Petitions filed under Section 11 of the Contempt of Courts
Act, 1971, to punish the contemnors/respondents for their wilful disobeying
and violating the order passed by this Hon'ble Court order in M.P.Nos.1 and 1
of 2013 in W.P(MD)Nos.18069 and 18070 of 2013 dated 03.04.2014 on the file of
this Hon'ble Court.
!For Petitioners : Mr.S.Veeranasamy for
(in all WPs & Cont.P) Mr.V.M.Balamohan Thambi
^For Respondents : Mr.R.Anandharaj,
(in all WPs & Cont.P) Government Advocate
:COMMON ORDER
It is the claim of the petitioners that after completing diploma in Civil Engineering, they got appointments as Technical Assistant/NMR employee on 26.09.1998 and 26.11.2000 respectively and since then they have been continuously working at Buildings and Maintenance Sub Division, Public Works Department, Kulithurai, Kanyakumari District. As they have been continuously working, they made representations requesting the 1st respondent to regularise their services, but the 1st respondent after receipt of the representations kept quite, therefore, the petitioners filed W.P(MD)Nos.6861 to 6863 of 2008 and keeping the writ petitions pending, this Court granted an order of interim injunction. Finally, by order dated 02.04.2013, the said writ petitions were disposed of with a direction to the 1st respondent to consider the claim of the petitioners.
2.Pursuant to the said order, the present impugned orders have been passed, stating that the petitioners are not in continuous employment for 10 years, however, the Service Books of the petitioners issued by the Assistant Executive Engineer, PWD, Buildings and Maintenance, Kulithurai, shows that all the petitioners have been continuously working from the date of their appointments on 26.09.1998 and 26.11.2000 respectively, on daily wage basis, therefore, the contention that the petitioners are not working continuously is untenable.
3.G.O.(Ms)No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013, has been issued by the Government, stating that if a person appointed on temporary basis, is found in service with the completion of 10 years as on 01.01.2006, then he is entitled to get regularisation. Subsequently, G.O.2(D)No.29, Public Works (C2) Department, dated 09.02.2016, has been issued granting relaxation in favour of T.Subash, Tmt.D.Hepsi, Thiru.N.Prasad, Thiru.J.John Thurai Singh and Thiru.N.Rajakumar, although they were not eligible for regularisation as per G.O.(Ms)No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013, because they were not recruited through the Employment Exchange, therefore, it is pleaded, the petitioners also may be given the same benefit what was given in G.O.2(D)No.29. It is also submitted that since the respondents refused to give the petitioners employment, even after the order of status-quo granted on 03.04.2014, Cont.P(MD)Nos.191 and 192 of 2015 have been filed.
4.In the Service Books of the petitioners issued by the 5th respondent/Assistant Executive Engineer, Public Works Department, Kuzhithurai, Kanyakumari District, the 5th respondent has clearly certified that the petitioners are continuously working from the date of their appointments. Admittedly, the petitioners have not acquired 10 years as per G.O.(Ms)No.74, however, even after 01.01.2006, they have been continuously working, therefore, the petitioners are entitled to regularisation as per G.O.2(D)No.29.
5.In the result, the writ petition stands allowed and the impugned orders are set aside and the respondents are directed to regularise the services of the petitioners on completion of their 10 years of service from the date of their appointments. Consequently, no further order is required in the contempt petitions, hence, the same are closed. M.P(MD)Nos.1, 1 and 1 of 2013 and 1 and 1 of 2014 are closed. No costs.
To
1)The Secretary, Government of Tamilnadu, Department of Public Works Secretariat, Fort St.George, Chennai-600 009.
2)The Chief Engineer, Public Works Department, (Building Construction and Maintenance), Chepauk, Chennai-600 005.
3)The Superintending Engineer, Public Works Department, (Building Construction and Maintenance), Tirunelveli.
4)The Executive Engineer, Public Works Department, (Building Construction and Maintenance), Nagercoil Division, Kanyakumari District.
T.RAJA, J.
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5)The Assistant Executive Engineer, Public Works Department, (Building Construction and Maintenance), Kuzhithurai, Kanyakumari District..