P.Kannan, v. The Govt. Of Tamilandu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 31.07.2017
CORAM
THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.6441 of 2014 & M.P.No.1 of 2014
1. P.Kannan
2. M.Periyasamy
3. S.Chinnadurai
4. K.Sankar
5. K.Pandian
6. N.Lakshmi
7. D.Latha
8. Govindammal
9. P.Rani 10.N.Murugan 11.R.Arthanari 12.N.Sengottaiyan 13.Parvatham 14.K.Perumal 15.P.Marumuthu 16.K.Subramaniam 17.P.Lakshmi 18.R.Murugan 19.S.Krishnan 20.M.Nagammal 21.S.N.Palanichamy 22.Pavayee 23.P.Mathaiyan 24.B.Nirmala 25.S.Suresh Babu 26.S.Rajammal 27.B.Mangalam 28.Vasantha 29.T.Kalaiarasan 30.S.Parameswaran 31.D.Santhi 32.B.Tamilselvi 33.P.Prabhu 34.K.Arjunan 35.R.Dhanakodi 36.C.Murugan 37.P.Senthilkumar 38.N.Madhu 39.Thirukumaresan
...Petitioners
Versus
1.The Govt. of Tamil Nadu Rep. by the Secretary to Government Municipal Administration and Water Supplies Department, Fort St. George, Chennai-600 009.
2.The Commissioner of Municipal Administration Chepauk, Chennai-600 005.
3.The Commissioner Tiruchengode Municipality Tiruchengode, Namakkal District.
.. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.4042/01/H1 dated 01.03.2006 issued by the 3rd respondent and quash the same insofar as it regularize the services of the petitioners prospectively and consequently direct the respondents to regularize the services of the petitioners by bringing them on time scale of pay with effect from 2001 as provided under G.O.Ms.No.71 Municipal Administration and Water Supply Department dated 05.05.1998 with all consequential and attendant benefits.
For Petitioners : Mr.S.Saravana Kumar For Respondents : Mr.T.M.Pappiah Special Government Pleader
O R D E R
The present writ petition has been filed, seeking for the following relief:
"Issue Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.4042/01/H1 dated 01.03.2006 issued by the 3rd respondent and quash the same insofar as it regularize the services of the petitioners prospectively and consequently direct the respondents to regularize the services of the petitioners by bringing them on time scale of pay with effect from 2001 as provided under G.O.Ms.No.71 Municipal Administration and Water Supply Department dated 05.05.1998 with all consequential and attendant benefits."
2. All the petitioners have a common grievance in respect of the outcome of the writ petition and therefore, they have joined together and filed the present writ petition.
3. The petitioners case is that they were all appointed as Sanitary Workers in the Tiruchengode Municipality, now upgraded as Corporation. They were originally appointed on 01.07.1998 in consolidated pay. The Government has issued G.O.Ms.No.71, Municipal Administration and Water Supply Department, dated 05.05.1998 proposing to regularise the service of the petitioners herein, on completion of 3 years of service in consolidated pay.
4. According to the petitioners the said G.O., clearly stipulates for regularisation of the employees like the petitioners herein. However, no steps were initiated for regularising their services on completion of three years i.e, on 2001.
5. While so, the 3rd respondent's proceedings dated 01.03.2006, brought the petitioners on a regular scale of pay with effect from the year 2001, but the regularisation was effected with effect from the date 27.02.2006. This according to the petitioner is contrary to the G.O.Ms.No.71, dated 05.05.1998, which provides for regularisation of Sanitary Workers on the completion of 3 years service on consolidated pay.
6. In the said circumstances, the petitioners are before this Court to quash the order dated 01.03.2006 passed by the 3rd respondent insofar as the regularisation of the petitioners prospectively. This Court allowed a similar claim filed by the identically placed employees, wherein similar orders were issued and quashed by this Court. The said claims were allowed on the basis of G.O.Ms.No.71, dated 05.05.1998. The learned counsel would further submit that the order passed by the single Judge in the writ petition has been upheld in the appeal.
7. The learned counsel would specifically draw attention of this Court in the order passed by the learned Judge dated 11.10.2013 in W.P.Nos.33746 and 34083 of 2012 as the said orders passed by this Court have been upheld by the Division Bench of this Court. The learned counsel for the petitioners would further contend that the claim of the petitioners falls within the scope of the G.O.Ms.No.71, Municipal Administration and Water Supply Department, dated 05.05.1998 and covered by the direction issued by the Court in the above said writ proceedings.
8. Upon notice, Mr.T.M.Pappiah, learned Special Government Pleader entered appearance for the respondents and filed counter and he submitted that there is already a direction issued by this Court in the subject matter. Though he opposed for grant of any relief to the petitioners, however, in view of the claim being fully covered by the G.O.Ms.No.71, Municipal Administration and Water Supply
Department, dated 05.05.1998 and the direction issued by this Court in the above cited decision, this Court has no hesitation in allowing this writ petition as prayed for.
9. In the above circumstances, the impugned order in Na.Ka.No.4042/01/H1 dated 01.03.2006 issued by the 3rd respondent is set aside, insofar as it regularized the services of the petitioners prospectively from 27.02.2006. While setting aside the order, this Court directs the respondents to regularise the service of the petitioners with effect from the date the petitioners' completion of 3 years service as Sanitary Workers in consolidated wages with all consequential and attendant benefits and the said exercise shall be completed by the respondents within three months from the date of receipt of a copy of this order.
10. With the above directions, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar pvs To 1.The Secretary to Government The Govt. of Tamil Nadu Municipal Administration and Water Supplies Department, Fort St. George, Chennai-600 009.
2.The Commissioner of Municipal Administration Chepauk, Chennai-600 005.
3.The Commissioner Tiruchengode Municipality Tiruchengode, Namakkal District.
+40 Ccs to Ms. S. Saravanakumar, advocate sr 55082. +1 CC to Govt. Pleader sr 54596.
W.P.No.6441 of 2014 & M.P.No.1 of 2014 RSK(CO) sp(10/08/2017)