The Secretary To Government v. Kuppammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.A. Nos.1307, 1359, 1481 and 1706 of 2014 and 734, 1036, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1150 and 1151 of 2015 connected Miscellaneous Petitions Vellore Corporation Vellore Appellant in W.A. No.1307/2014 Vs.

P. Gopalakrishnan M. Kondaiya P. Ramaiya G. Anbalagan K. Prabhu Doss The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George Chennai 600 009 The Commissioner of Municipal Administration Chepauk, Chennai

Gudiyatham Municipality Vellore District Respondents in W.A. No.1307/2015 Prayer in W.A. No.1307 of 2015:

Writ Appeal preferred under Clause 15 of the Letters Patent challenging the order dated 25.06.2015 passed in W.P. No.7514 of 2013. For appellants in WA Nos.1307, 1359 and Mrs. P. Shanthi For appellants in WA Nos.1706 of 2014, Mr. V. Jayaprakash Narayanan 734, 1036, 1097 to 1113, Spl. Govt. Pleader 1150 and 1151 of 2015 For RR 1-5 in WA No.1307/2014 R1 in WA No.1359 of 2014 RR 1,2 & 4 in WA No.1098/2015 R1 in WA No.1102/2015 Mr. P.I. Thirumoorthy RR 1,3 & 4 in WA No.1105/2015 RR 2 & 5 in WA No.1106/2015 RR 2 & 3 in WA Nos.1108 and 1481/2014 For respondents in WA Nos.734, 1097, 10991101, 1103, 1104, 1109Mr. P.I. Thirumoorthy 1112, 1150 and 1151/2015 For respondent in WA Nos.1107 and 1113/2015 Mr. V. Elangovan For RR 6-8 in WA No.1307/2014 Mr.P.S. Sivashanmugasundaram For RR 2 & 3 in WA No.1359/2014 Spl. Govt. Pleader For respondent in WA No.1036/2015 Mr. G. Vinodhkumar

COMMON JUDGMENT (Judgment of the Court was delivered by SATISH K. AGNIHOTRI, J.) Regard being had to the commonality of the question of law involved in this batch of intra-Court appeals, all these intra-Court appeals are being considered and decided by this common judgment.

The question of law involved in this batch of cases is as to whether the private respondents/employees employed in the post of Sweeper, Electrician, Fitter, etc. are entitled to regularisation of their service on completion of three years from the date of initial appointment/entry in service. This question of law is no longer res integra. The said issue had come up for consideration in a batch of intra-Court appeals in the Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Chennai - 9 and 2 others vs. M. Rani (W.A. Nos.1289 of 2014, etc. batch). This Court, having considered all aspects of the matter, vide common judgment dated 30th June 2015, held as under:

"27 As we have observed in the preceding paragraphs, the respondents were informed at the time of their appointment that their appointment was on consolidated pay, subject to pay enhancement by 10% every year initially for a period of one year at a time, subject to renewal on assessment/review after a period of three years. It was also indicated to the respondents that their cases may be considered for regularisation on assessment of their performance. Thus, it is not a case

of appointment on consolidated pay or daily wages simplicitor. Albeit appointment was of temporary nature, however, that was subject to regular assessment and probable regularisation on completion of three years. Thus, the respondents are not entitled to regularisation on completion of three years automatically, without consideration of their performance. On assessment/review, if it is found that their performance is satisfactory, they are entitled to be granted time scale on regular basis.

28. x x x x x x x x x x x x Resultantly, for the reasoning and analysis made hereinabove, the appeals are partly allowed to the extent that the respondents are entitled to consideration for grant of time scale on regular basis on the basis of performance assessment to be done on completion of three years and in the event, the performance of the respondents, is found satisfactory, they are entitled to regularisation on completion of three years, with all consequential monetary benefits. Costs made easy. Connected Miscellaneous Petitions are closed." Accordingly, these instant intra-Court appeals also are partly allowed, in terms of the aforesaid judgment dated 30th June 2015 passed in W.A.No.1289 of 2014 etc. batch. Costs made easy. Connected Miscellaneous Petitions are closed.

(S.K.A.J.) (K.K.S.J.) 05.08.2015 cad Index:Yes/No

To The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George Chennai 600 009 The Commissioner of Municipal Administration Chepauk Chennai Gudiyatham Municipality Vellore District

SATISH K. AGNIHOTRI, J.

K.K. SASIDHARAN, J.

cad Common judgment in W.A. Nos.1307, 1359, 1481 and 1706 of 2014 & 734, 1036, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1150 and 1151 of 2015 05.08.2015