LAWS(MAD)-2015-4-453

SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT; DIRECTOR OF SURVEY AND SETTLEMENT,; ASSISTANT DIRECTOR OF SURVEYS, SURVEY AND LAND RECORDS Vs. C DURAIRAJU

Decided On April 28, 2015
Secretary To Government, Revenue Department; Director Of Survey And Settlement,; Assistant Director Of Surveys, Survey And Land Records Appellant
V/S
C Durairaju Respondents

JUDGEMENT

(1.) Material on record discloses that twenty persons, working as Surveyors cum Draftsmen, filed W.P.(MD)No.2275 of 2005, for a mandamus, directing the respondents therein, the appellants herein, to follow the Seniority List, dated 20.02.1995, in letter and spirit, and give due regularisation on the date of Fitting i.e. 1988-91, with all service benefits, based on the seniority list, to them. After considering the rival submissions, a learned Single Judge of this Court, vide order dated 10.06.2009, disposed of the writ petition and directed the respondents therein, to consider the representation of the petitioners therein, dated 30.12.2004, in the matter of regularisation, on the basis of their fitting, i.e. 1988-91.

(2.) It is the representation of Mr.S.Vellaichamy, learned counsel for the respondent/contempt petitioner, that though a review of the abovesaid order was sought for, this Court declined the same. Thereafter, alleging that the order of this Court passed in W.P.(MD)No.2275 of 2005, dated 10.06.2009, has not been complied with, one of the writ petitioners, namely T.Moorthy, has filed a contempt petition in Cont.Petn.(MD)No.644 of 2009 to punish (1)Mr.K.Thangavel, The Secretary to the Government, Revenue Department (SS III), Fort St.George, Chennai-600 009; (2)Dr.R.Kannan, The Director of Survey and Settlement, Chepauk, Chennai-600 005; and (3)Mr.P.Joseph, The Assistant Director of Surveys, Survey and Land Records, Collectorate, Pudukottai.

(3.) Subsequently, vide proceedings in Na.Ka.Aa.1/529/ 2010(1), dated 15.10.2010, the Assistant Director of Surveys, Survey and Land Records, Collectorate, Pudukottai, has passed orders regularising the services of the 20 writ petitioners, working as Surveyors cum Draftsmen, with effect from the dates mentioned in the order dated 15.10.2010. By the abovesaid order, the said persons have been fitted against the dates mentioned, notionally, with effect from the said date. Material on record further discloses that indisputably, the order regularising the services of 20 Surveyors cum Draftsmen from the dates mentioned in the order dated 15.10.2010, without any monetary benefits, has not been challenged by any one of the said 20 persons.