A.Murugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.6324 of 2011 1.A.Murugan 2.K.Easu ... Petitioners Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai  600 003.

2.The Zonal Officer, Zonal VII, Corporation of Chennai, Ambattur, Chennai  600 003. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records connected with the proceedings issued in Na.Ka.No.11388/2001/A8 dated 02.11.2001 passed by the respondent herein (same proceedings for both the petitioners) and consequently direct the respondents to appoint them as water lorry cleaner in the available vacancies.

(Prayer amended as per order dated 23.03.20011 in M.P.No.1 of 2011 in W.P.No.6324 of 2011) For Petitioners :Mr.S.Ilamvaludhi For Respondents :Mr.G.Anantharangan Standing Counsel

O R D E R

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus to quash the order passed by the Commissioner of Ambattur Municipality, in and by which, the request of the petitioners to regularize their service was rejected and for a direction to the respondents to appoint them as Water Cleaner in the existing vacancies by disposing of their representation dated 25.01.2011.

2.Heard Mr.S.Ilamvaludhi, learned counsel for the petitioners; Mr.G.Anantharangan, learned Standing Counsel for the respondents and perused the materials available on record.

3. It seems that the petitioners were temporarily appointed as Water Lorry Cleaners by the Commissioner, Ambattur Municipality and they seek regularization of their service based on G.O.(Ms)No.125, MAWS Department, dated 27.05.1999.

3. According to the learned Standing Counsel for the respondents, after Ambattur Municipality merged with Chennai Corporation, the water lorries operated by Ambattur Municipality were handed over to Chennai Metropolitan Water Supply and Sewerage Board and now, the Corporation

of Chennai is not operating any lorries and hence, the prayer of the petitioners cannot be considered by the respondents, which fact was not disputed by the learned counsel for the petitioners.

4. In view of the subsequent development, the prayer sought for in this Writ Petition cannot be granted. In fine, the Writ Petition fails and the same is dismissed. There is no order as to costs. 08.10.2018 r n s Index :Yes/No.

Internet:Yes/No.

K.KALYANASUNDARAM. J, r n s To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai  600 003.

2.The Zonal Officer, Zonal VII, Corporation of Chennai, Ambattur, Chennai  600 003.

W.P.No.6324 of 2011 08.10.2018