V.Sekar, v. Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.Nos. 5451 of 2020, 4924 of 2021, 7274 of 2020, 17037 of 2021, 19 of 2021 and W.M.P.Nos. 5517, 18064 & 18062 of 2021 and 14735 of 2022 W.P.No.5451 of 2020 V.Sekar ... Petitioner Vs.
1.The Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George, Chennai 600 009.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.
3.The Zonal Officer, Corporation of Chennai, Zone XIV, Puzhuthivakkam, Chennai 600 091.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to regularize the
services of the petitioner on completion of 3 years of service from the date of his original appointment i.e., with effect from 01.01.1992 in the light of the orders passed by the first respondent herein in G.O.(2D) No.64, Municipal G.O.(2D) No.68, Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019 with all consequential service and monetary benefits within a time frame as deem fit and proper by this Court. For Petitioner : Mr.G.Bala For Respondents : Mr.S.Silambanan, Addl. Advocate General Assisted by Mr.S.Gopinath, Standing Counsel for R2 & R3 : Mr.T.Chezhiyan, Addl. Government Pleader for R1
ORDER
The petitioners who claim to be the persons entitled to get the benefit of the Government Order dated 08.08.2019 in G.O.(2D) No.64 Municipal Administration and Water Supplies (MC 3) Department, have filed these writ petitions stating that their services should also be regularized on par with the other employees whose services have been regularized pursuant to the said Government Order.
2. It is submitted that in respect of the above Government Order, the plight of a total number of 908 daily wage workers was dealt and out of which 257 daily
wagers are ordered to be absorbed in Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) and they were regularized. Even some of the persons who originally worked in the local bodies have been absorbed by the Corporation in the year 2011 and their services were also regularized subsequent to the orders passed by this Court in W.P.No.17858 of 2014 dated 01.09.2015. Pursuant to the orders of this Court, a Government Order has also been issued in G.O. (Ms) No.103 Municipal Administration and Water Supply (MW1) Department dated 08.08.2019, for regularizing their services.
3. Since these petitioners are also similarly placed and their services have not been regularized so far, they have filed these writ petitions seeking for issuance of a Writ of Mandamus for according them the benefit of regularization on par with the other workers.
4. Since the petitioners have made out a case in view of the above mentioned Government Order and the earlier orders passed by this Court, the respondents shall consider the representation of the petitioners and pass orders in the light of the Government Order passed in G.O.(2D) No.64 Municipal
also in the light of the earlier order rendered in W.P.No.17858 of 2014 dated 01.09.2015, for regularizing the service of the petitioners.
5. In the result, the Writ Petitions in W.P.Nos.5451 of 2020, 7274 of 2020 and 19 of 2021 are disposed and W.P.Nos.4924 and 17037 of 2021 are allowed and the impugned orders in Letter No.1959/MC-3(2)/2020 dated 19.03.2020 and Letter No.18176/MC-3/2014-8 dated 04.03.2021 are set aside and the respondents are directed to consider the representation of the petitioners and pass orders in the light of the Government Order passed in G.O.(2D) No.64 Municipal also in the light of the earlier order rendered in W.P.No.17858 of 2014 dated 01.09.2015, for regularizing the service of the petitioners, within a period of six weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. No costs. 27.11.2023 Index : Yes Internet : Yes/No gsk
To 1.The Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George, Chennai 600 009.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.
3.The Zonal Officer, Corporation of Chennai, Zone XIV, Puzhuthivakkam, Chennai 600 091.
R.N.MANJULA , J.
gsk W.P.Nos. 5451 of 2020, 4924 of 2021, 7274 of 2020, 17037 of 2021, 19 of 2021 and W.M.P.Nos. 5517, 18064 & 18062 of 2021 and 14735 of 2022 27.11.2023