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2024 Supreme(Online)(MAD) 15905
HIGH COURT OF MADRAS
Hon`ble Ms.Justice R.N.MANJULA
S.Paulraj – Appellant
Versus
The State of Tamil Nadu – Respondent
Differently-abled employees are entitled to regularization of service after two years of consolidated pay as per the applicable government order.
Headnote:
Disability - Employment - G.O.Ms.No.151 - Direction for regularization of services for differently-abled employees.
Fact of the Case:
The petitioner, working as a part-time Professional Assistant II at a university, sought regularization of his service under a government order pertaining to differently-abled individuals, claiming rights based on his disability.
Finding of the Court:
The court determined that the second respondent must consider the petitioner's prior representations and the relevant government order that benefits employees with disabilities.
Issues: Whether the petitioner is entitled to regularization of service as per the applicable government order for differently-abled employees.
Ratio Decidendi: The court ruled that the second respondent is obligated to evaluate the petitioner's service for regularization under the specified government order within a given timeframe.
Final Decision: The writ petition was disposed of, directing consideration of the petitioner's representation within four weeks.
O R D E R
Heard Ms.H.Jasima Yasmin, learned counsel appearing for the petitioner, Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the first respondent and Mr.John Rajadurai, learned Standing Counsel appearing for the respondents 2 and 3.
2. The petitioner, who is said to be working as a Professional Assistant II (part time employee under NMR category) in the second respondent University has filed this writ petition to direct the respondents 2 and 3 to regularize his service in the post of Professional Assistant II in the Department of Electrical and Electronical Engineering in the second respondent University with effect from 02.01.2009 or in any other equivalent post commensurating his educational qualification and experience with all attendant, service and monetary benefits within a stipulated time.
3. Ms.H.Jasima Yasmin, learned counsel appearing for the petitioner attracted the attention of this Court to the Government Order in G.O.Ms.No.151 , Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008, wherein it is stated that if differently abled person is working in any of the Government Offices with consolidated pay for more than two years, then he has to be give time scale of pay. The Government Order also states to regularize the service of such an employee. It is her submission that the the petitioner who has got locomotor disability is entitled to get the benefit of the above said Government Order. The petitioner has also given various representations to the second respondent in this regard including the representation dated 27.03.2024. Since the representations have not been considered, the petitioner has come up with this writ petition.
4. Since the representation of petitioner has not been considered by the second respondent, I feel that the second respondent shall be directed to consider the representation of the petitioner and pass orders within a stipulated time.
5. In view of above, the writ petition is disposed of and the second respondent University is directed to consider the representation of the petitioner dated 27.03.2024 in the light of the Government Order in G.O.Ms.No.151 , Social Welfare and Nutritious Meal Programme Department, dated 16.10.2008 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected Miscellaneous Petition is closed.
30.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To
1.The Principal Secretary to Government, Department of Disabled Persons Welfare, Secretariat, Chennai.
R.N.MANJULA, J.
mbi
30.07.2024
