IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.07.2011 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.Nos.15416 to 15420 of 2011 V.Vijayakumari .. Petitioner in W.P.No.15416/2011 1. Ranjini .. 1st petitioner in W.P.No.15417/2011 2. K.Kalaivani .. 2nd petitioner in W.P.No.15417/2011 1. S.Malliga .. 1st petitioner in W.P.No.15418/2011 2. V.Anusuya .. 2nd petitioner in W.P.No.15418/2011 1. E.Kamatchi .. 1st petitioner in W.P.No.15419/2011 2. K.Alamelu .. 2nd petitioner in W.P.No.15419/2011 3. P.Krishnaveni .. 3rd petitioner in W.P.No.15419/2011 S.Neelapathi .. petitioner in W.P.No.15420/2011 versus 1. The District Social Welfare Officer, Office of the District Social Welfare Office Thiruvannamalai, Thiruvannamalai District. .. 1st respondent in W.P.No.15416/2011 1. The District Social Welfare Officer, Office of the District Social Welfare Office Ooty, Nilgiris District. . 1st respondent in W.P.No.15417/2011 1. The District Social Welfare Officer, Office of the District Social Welfare Office Vellore, Vellore District. .. 1st respondent in W.P.No.15418/2011 1. The District Social Welfare Officer, Office of the District Social Welfare Office Kanchipuram, Kanchipuram District. . 1st respondent in W.P.No.15419/2011 1. The District Social Welfare Officer, Office of the District Social Welfare Office Cuddalore Cuddalore District. .. 1st respondent in W.P.No.15420/2011 https://hcservices.ecourts.gov.in/hcservices/ 2. The Commissioner and Director of Social Welfare, Department of Social Welfare, Chennai – 5. .. 2nd respondent in all W.Ps. 3. The Secretary to the Government, Department of Social Welfare, Government of Tamilnadu, Secretariat Building, Chennai. ..3rd respondent in all W.Ps. COMMON PRAYER : Petition filed under Article 226 of Constitution of India, praying for a writ of mandamus, directing the respondents to regularize the petitioners service as Helpers in their respective appointed place consequently direct the respondent to pay the scale of pay and other allowances to the petitioners on par with the persons', whose services were regularized to similar post or discharge similar duties. For Petitioners in all W.Ps. : Mr.P.R.Thiruneelakandan For Respondents in all W.Ps. : Mr.R.Ravichandran, Additional Government Pleader COMMON ORDER The petitioners in all writ petitions are employed as Helpers from 1992-1993. The Joint Director of the Social Welfare Department issued a seniority list of Helpers as on 15.03.2009 in his proceedings dated 16.03.2009. The date of entry into service of all the petitioners and their ranks as found in the seniority list are given herein in a Tabular Column:- WP number Name of the Petitioner Date of Joining in the Entry level Post Serial No. in the seniority list dated 15.03.2009 No. of continuity of service and present place of working W.P.No.15416/11 Vijayakumari 29.03.1993 31 18 years, Govt Orphanage – Thiruvannamalai https://hcservices.ecourts.gov.in/hcservices/ WP number Name of the Petitioner Date of Joining in the Entry level Post Serial No. in the seniority list dated 15.03.2009 No. of continuity of service and present place of working W.P.No.15417/11 Ranjini 20.09.1993 44 18 years, Govt Orphanage – Udagamandalam Kalaivani 20.09.1993 43 18 years, Govt Orphanage – Udagamandalam W.P.No.15418/11 Malliga 08.05.1992 10 19 years, DSW Vellore Orphanage Anusuya 07.05.1992 7 (in Seniority list dated 08.08.1998) 19 years, Government Orphanage – Vellore W.P.No.15419/11 E.Kamatchi 23.02.1993 29 18 years, Government Orphanage – Kanchipuram K.Alamelu 23.08.1993 38 18 years, Government Orphanage – Kanchipuram P.Krishnaven i 18.08.1993 37 18 years, Government Orphanage – Kanchipuram W.P.No.15420/11 Neelapthi 25.09.1992 17 19 years, Government Orphanage - Cuddalore 2. Similarly placed Helpers, namely, K.Vijaya, who ranks 12 in the seniority, R.Rathinam, who ranks at 23 in the seniority list, R.Gowri, who ranks at 62 in the seniority list, B.Madeswari, who ranks at 89 in the seniority list, Rasathi, who ranks at 115 in the seniority list, filed a writ petition in W.P.No.7422 of 2011 seeking to regularize their services as Helpers in their respective appointed place and pay them scale of pay and other allowances on par with the persons', whose services were regularized in similar post. The writ petition No.7422 of 2011 was allowed by this Court on 30.03.2011. The operative operation of the Judgment is extracted here under: https://hcservices.ecourts.gov.in/hcservices/ "6. In view of the said submissions, the writ petition is allowed with direction to the respondents to regularise the services of the petitioners on their completion of ten years of service with times scale of pay. The regularisation order is directed to be passed by the respondents within a period of four weeks from the date of receipt of a copy of this order. The arrears of pay, payable to the petitioners pursuant to the regularization shall be paid to the petitioners within four weeks therefrom. No costs. Consequently, connected miscellaneous petition is closed." 3. The petitioners have filed these writ petitions seeking for regularization of their services as Helpers in their respective appointed place and pay them scale of pay and other allowances on par with those persons whose service was regularized in similar post. 4. Heard both sides. 5. The learned counsel for the petitioners submits that the writ petition could be disposed of permitting the petitioners to make a representation seeking regularization of their service in terms of the order dated 30.03.2011 passed in W.P.No. 7422 of 2011 and the respondents may be directed to regularize the services of the petitioners in terms of the order dated 30.03.2011 in W.P.No. 7422 of 2011. 6. I have considered the submissions made on either side and perused materials available on record. 7. The petitioners in W.P.No.7422 of 2011 as well as the petitioners herein are shown in the seniority list dated 16.03.2009. Some of the helpers approached this Court by filing W.P.No.7422 of 2011, seeking regularization of their services and pay them scale of pay and the same was allowed by this Court by an order dated 30.03.2011. The petitioners herein are similarly situated and they are also working as Helpers in the Government Orphanage as in the case of the petitioners in W.P.No.7422 of 2011. The Judgment of this Court dated 30.03.2011 in W.P.No.7422 of 2011 is squarely applicable to the petitioners also and the petitioners are entitled to get relief in terms of said judgment. 8. In these circumstances, the petitioners are directed to make a representation to the 3rd respondent seeking regularization of their services and scale of pay and other allowances as given to the petitioners in W.P.No.7422 of 2011 and the third respondent is directed to consider the same, in the light of the order dated 30.03.2011 passed in W.P.No.7422 of 2011 and pass orders thereon, within a period of eight weeks thereafter. https://hcservices.ecourts.gov.in/hcservices/ 9. The writ petition is disposed of in the above terms. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ogy To 1. The District Social Welfare Officer, Office of the District Social Welfare Office Thiruvannamalai, Thiruvannamalai District. 2. The District Social Welfare Officer, Office of the District Social Welfare Office Ooty, Nilgiris District. 3. The District Social Welfare Officer, Office of the District Social Welfare Office Vellore, Vellore District. 4. The District Social Welfare Officer, Office of the District Social Welfare Office Kanchipuram, Kanchipuram District. 5. The District Social Welfare Officer, Office of the District Social Welfare Office Cuddalore Cuddalore District. 6. The Commissioner and Director of Social Welfare, Department of Social Welfare, Chennai – 5. https://hcservices.ecourts.gov.in/hcservices/ 7. The Secretary to the Government, Department of Social Welfare, Government of Tamilnadu, Secretariat Building, Chennai. +1cc to Mr.P.R.Thiruneelakandan, Advocate SR 43067 +1cc to Govt. Pleader Sr 43316 PKB(CO) km/10.8. W.P.Nos.15416 to 15420 of 2011 https://hcservices.ecourts.gov.in/hcservices/