P.Raju v. The Commissioner Of Municipal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.17701 of 2015
1. P.Raju
2. P.Palanisamy
3. M.Palanisamy
4. K.Periasamy
5. G.Arumugam
6. V.Sreenivasan
7. V.Perumal
8. T.Lakshmanan
9. P.Raja 10.C.Subramani 11.P.Ganesan 12.C.Seerangan 13.V.Jayakumar 14.K.Madhesvaran 15.K.Sekar 16.P.Kannan 17.P.Arumugam 18.R.Raja 19.M.Perumal 20.M.Sivaji 21.V.Shanmugam 22.L.Ramasamy 23.K.Arul 24.S.Kannan 25.S.Selvam 26.S.Nagalakshmi 27.V.Krishnaveni 28.K.Lakshmanan 29.C.Govindan 30.D.Venkatesan 31.R.Rangasamy 32.M.Shanmugam 33.S.Madhesvari 34.S.P.Vadivel 35.M.Radha 36.A.Ponnammal
...Petitioners
Vs.
1.The Commissioner of Municipal Administration Chepauk Chennai-600 005.
2.The Commissioner Salem Municipal Corporation Salem District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Na.Ka.No.C3/33449/2014 dated 22.01.2015 passed by the 2nd respondent and quash the same and direct the 2nd respondent to regularize the petitioners' services in the post of Tank Operator/Water supply worker in regular time-scale of pay in the 2nd respondent's Corporation according to G.O.Ms.No.21 dated 23.02.2006 as per the order passed in WP.No.27762 of 2014 dated 17.10.2014.
For Petitioners: Mr.M.Thamizhavel For Respondents: Mr.S.N.Parthasarathy Government Advocate for R1 R2- No appearance
O R D E R
The petitioners are aggrieved against the proceedings of the 2nd respondent dated 22.01.2015, wherein and whereby, the claim of the petitioners for regularizing their services, was rejected on the ground that they are part time Tank operators. Consequently, the petitioners seek for regularization of their services for the post of Tank operator/Water supply worker in regular time scale of pay in the 2nd respondent-Corporation, according to G.O.Ms.No.21 Municipal Administration and Water Supply (MC.3) Department dated 23.02.2006.
2. When this writ petition was taken up for hearing on 26.03.2019, there was no representation for the 2nd respondentSalem Corporation. Hence, the matter was directed to be posted on 03.04.2019. Again on 03.04.2019, there was no representation for the 2nd respondent-Salem Corporation and hence, the matter is listed today under the caption "for orders". Today, when the matter is taken up for hearing, again there is no representation for the 2nd respondent-Salem Corporation.
3. The learned counsel for the petitioners submitted that the issue involved in this writ petition, is squarely covered by the order passed by this Court on 14.11.2018 in WP.No.23468 of 2018 filed by another pump operator working in the very same Salem Corporation. He has also produced a copy of the said order.
4. This Court, after considering the similar relief sought for in the said writ petition and the similar objections raised by the Salem Corporation, has rejected the objections and allowed the writ petition with a direction to the respondents to regularize the services of the petitioner in terms of G.O.Ms.No.21 dated 23.02.2006 and granted other benefits to the petitioner.
5. I find that the above said decision arising out of the same Salem Corporation in respect of similar Pump operator, is squarely applied to the present case. Thus, this writ petition is allowed and the impugned order is set aside. Consequently, the respondents are directed to consider the claim of the petitioners for regularization of their services in terms of G.O.Ms.No.21 Municipal Administration and Water Supply (MC.3) Department dated 23.02.2006 and grant all benefits accordingly. The whole exercise shall be done by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Commissioner of Municipal Administration Chepauk,Chennai-600 005.
2.The Commissioner Salem Municipal Corporation Salem District.
+1cc to Mr.M.Tamizhavel, Advocate Sr.346200 +1cc to the Public Prosecutor, Sr.35349 W.P.No.17701 of 2015 srg 04/06/2019