IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 13-08-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1762 of 2001 D.Kalyani .. Petitioner. Versus 1.The Chairman and Managing Director of Tamilnadu Energy Development Agency, College Road, Chennai-6. 2.The District Collector, Madurai District, Madurai. 3.The Block Development Officer, Assistant Project Officer, Energy, Thirumangalam Panchayat Union, Thirumangalam, Madurai District. .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, directing the respondents to absorb the petitioner in the regular time scale post of Junior Assistant cum Typist on regular basis in the respondent agency with effect from 9.6.96 and to award with all consequential benefits. For Petitioner : Mr.R.Muthukannu For Respondents : Mr.P.Amalanathan (R1) Mr.T.Seenivasan Additional Government Pleader (R2) Mr.R.Ravichandran (R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. The petitioner had filed the present writ petition praying for a direction, directing the respondents to absorb the petitioner in the regular time scale post of Junior Assistant cum Typist, on a regular basis, with all consequential benefits. https://hcservices.ecourts.gov.in/hcservices/ 3. The petitioner has stated that she was appointed through the employment exchange, in the year 1991, under the designation of "Eluthar". Even though, she has been carrying on the work of Junior Assistant cum Typist from the date of her appointment, she has not been absorbed in the regular time scale post of Junior Assistant cum Typist, on a regular basis. In spite of the fact that the petitioner has been making several representations to the respondents, there has been no response from them. Therefore, the petitioner has filed the present writ petition seeking the reliefs as prayed for therein. 4. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner has placed before this Court certain Government Orders based on which the petitioner seeks a direction from this Court to the respondents to absorb her in the time scale post of Junior Assistant cum Typist, on a regular basis. 5. However, at the time of the final hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to submit a detailed representation to the second respondent and if the second respondent is directed to dispose of the same, on merits, within a specified period, in view of G.O. (Ms.)No.83, Rural Development (P2) Department, dated 8.6.2005, G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.2.2006, and the recommendations of the District Collector, Madurai, in Na.Ka.No.59560/2006-Oo.Vaa.7, dated 25.9.2006. 6. The learned counsel for the petitioner had also submitted that G.O.(Ms.)No.83, Rural Development (P2) Department, dated 8.6.2005, had been issued to bring all the staff and the programmes and the schemes relating to renewable energy under the Tamilnadu Energy Development Agency. The Government of Tamilnadu had issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.2.2006, by which the Government had directed that the services of the daily wage employees, working in all Government Departments, who had rendered 10 years of service, as on 1.1.2006, be regularised by appointing them in the time scale of pay of the post, in accordance with the service conditions prescribed for the post concerned, subject to their being otherwise qualified for the post. 7. Accordingly, the name of the petitioner was forwarded to the District Collector, Madurai, by the Block Development Officer, Tirumangalam, for the regularisation of her service. As per the proceedings of the District Collector, Madurai, dated 23.05.2006, made in Na.Ka.No.43355/2006/Oo.Vaa.1, the petitioner has been absorbed as Junior Assistant cum Typist, on a daily wage basis. By the proceedings in Na.Ka.No.59560/2006-Oo.Vaa.7, dated 25.9.2006., the District Collector, Madurai, has sent a communication to the Commissioner, Rural Development and Panchayatraj, Chennai, to https://hcservices.ecourts.gov.in/hcservices/ regularise the services of the petitioner in the post of Junior Assistant cum Typist. On 2.11.2006, a report had been sent to the District Collector, Madurai, showing the petitioner as a daily wage employee, who had completed 10 years of service, as on 1.1.2006, for being regularised in service. 8. In such circumstances, the petitioner is permitted to submit a detailed representation to the second respondent, within a period of four weeks from today and on such representation being submitted, the second respondent is directed to consider the same in the light of the above mentioned Government Orders and the proceedings, to absorb the petitioner in the regular time scale of post, on a regular basis, and to pass appropriate orders thereon, within a period of twelve weeks from the date of receipt of the said representation. 9. The petitioner is to enclose copies of the Government Orders and the proceedings noted above, along with the representation, to the second respondent to enable him to pass necessary orders, as directed by this Court. The writ petition is disposed of with the above directions. No costs. csh Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To 1.The Chairman and Managing Director of Tamilnadu Energy Development Agency, College Road, Chennai-6. 2.The District Collector, Madurai District, Madurai. 3.The Block Development Officer, Assistant Project Officer, Energy, Thirumangalam Panchayat Union, Thirumangalam, Madurai District. 1 cc to M/s.K.Dhanalakshmi, Advocate, SR. 45585 1 cc to M/s.Paul and Paul, Advocate, SR. 45422 1 cc to the Government Pleader, SR.45633 ms (co) dv/27.8. Writ Petition No.1762 of 2001 https://hcservices.ecourts.gov.in/hcservices/