The Secretary To Government, v. P.Madhu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.A. No. 1321 of 2015 and connected miscellaneous petition

1. The Secretary to Government of Tamil Nadu Department Municipal Administration and Water Supply (Township) Government of Tamil Nadu, Fort St. George Chennai.

2. The Director of Town Panchayat, Kuralagam, Chennai.108.

3. The Assistant Director of Town Panchayats, Regional Office, Salem.

4. The Executive Officer, Atthanur Panchayat, Namakkal.

...Appellants/Respondent Vs P. Madhu ... Respondent/Petitioner Prayer:-Appeal filed under Clause 15 of Letters Patent to set aside the order dated 24/07/2013 made in W.P.No.17685 of 2013. WP.NO.17685/13 This writ Petition is filed under Article 226 of the Constitution of india praying for the issunance of a writ of

mendamus directing the 4th respondent herein to grant the petitioner herein time scale to pay with effect from 24.9.2001 and pay the arrears of wages and all other attendant benefits. For appellants : Mr.V. Jayaprakash Narayanan Spl. Govt. Pleader For respondents : Ms. J. Arunitha

J U D G M E N T

(Judgment of the Court was delivered by SATISH K. AGNIHOTRI,J.,) The instant appeal is filed by the State Government and the respective Town Panchayats against the order passed by learned Single Judge, whereby and whereunder, the respondents therein were directed to regularise the service of the writ petitioner on completion of three years from the date when she was appointed on consolidated pay into regular time scale of pay and to pay consequential monetary benefits.

2. The aforesaid issue involved in this writ appeal came up for consideration in a batch of writ appeals filed by the Government in The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department and two others - Vs. - M. Rani1, which was partly allowed by a Division Bench of this Court, of which one of us was a Member (Satish K. Agnihotri, J.), vide common judgment dated 30th June 2015, observing as under:- "29 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."

1 W.A.No.1289 of 2014 etc. batch

3. In view of the foregoing, the instant writ appeal also stands partly allowed on the same terms. Costs made easy. Connected Miscellaneous Petition is closed.

-Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar ra To 1.The Secretary to Government of Tamil Nadu Department Municipal Administration and Water Supply (Township) Government of Tamil Nadu, Fort St. George, Chennai.

2.The Director of Town Panchayat, Kuralagam, Chennai.108.

3.The Assistant Director of Town Panchayats, Regional Office, Salem.

4.The Executive Officer, Atthanur Panchayat, Namakkal.

W.A. No. 1321 of 2015 AD(co) cp 28/09/2015