P.S.Palanisamy, S/O.Sennan, v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2017 CORAM :

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.31322 of 2017 1.P.S.Palanisamy 2.R.Krishnasamy 3.P.C.Rajendran 4.K.Subramanian 5.N.Ganesan 6.P.Selvaraj 7.P.Assan Mohammed 8.R.Jayanthi ... Petitioners Vs.

1.The Government of Tamil Nadu rep. by the Secretary to the Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai-600 108.

3.The Assistant Director of Town Panchayats, Coimbatore, Coimbatore District.

4.The Executive Officer, Sirumugai Town Panchayat, Sirumugai, Coimbatore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on the proposals submitted by the 4th respondent in Na.Ka.No.142/2015/A1, dated 18.07.2016, with regard to grant of time scale of pay and regularize the petitioners' services from the date of their appointment in the light of the order passed by the Full Bench of this Court in Review Application (MD).No.87 of 2014 etc, dated 30.05.2017, within a time limit.

For Petitioners: Mr.P.Rajendran For Respondents: Mr.V.Jayaprakash Narayanan, Spl GP (For R1 to R3) Mr.M.Elumalai, GA (For R4)

ORDER

This writ petition has been filed praying for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on the proposals submitted by the 4th respondent in Na.Ka.No.142/2015/A1, dated 18.07.2016, with regard to grant of time scale of pay and regularize the petitioners' services from the date of their appointment in the light of the order passed by the Full Bench of this Court in Review Application (MD).No.87 of 2014 etc, dated 30.05.2017, within a time limit. 2.The petitioners 1 to 5 and 7th petitioner were appointed as Water Supply Workers/Watchman and the 6th petitioner was appointed as Fitter in Sirumugai Town Panchayat, Coimbatore District, through the Employment Exchange. The 8th petitioner's husband T.Ramasamy was appointed as Fitter on 22.08.1983 and he died while in service on 13.03.2012.

They were all working as Daily Rated Employees. Since their services were not regularised, they approached the Tamil Nadu Administrative Tribunal by filing O.A.No.5761 of 1996 seeking to regularise their services. During the pendency of the said OA, the Government issued various orders during 1997-1998, authorizing the Director of Town Panchayats to absorb the employees who were working on daily rated basis as sanitary workers, Street Light Maintenance Workers and Water Supply Workers in Town Panchayats before 31.12.1996 on consolidated pay on the basis of their seniority. The Government has also issued orders in G.O.Ms.No.60, Rural Development and Panchayat Raj Department, dated 23.06.

2006 to bring 1541 Sanitary Workers, 1182 Water Supply Maintenance Workers and 200 Street Light Maintenance Workers (totalling 2923 employees) in Town Panchayats working on consolidated pay into time scale of pay with effect from 23.06.2006. Subsequently, the 4th respondent issued an order in Na.Ka.No.7/2007, dated 01.11.2007, placing the petitioners in the time scale of pay with effect from 01.11.2007.

3.It is stated by the petitioner that several employees who were brought into time scale of pay from 23.06.2006 filed writ petitions before the HighCourt praying for a direction to grant regular time scale of pay for them from the date on which they had completed three yeas on consolidated pay. The said writ petitions were allowed. The Writ Appeal as well as the Special Leave Petition filed by the Director of Town Panchayat were also dismissed.

4.In the meanwhile, a Full Bench of the Madurai Bench of this Court has passed orders in W.P.(MD).No.1083/2012 & W.A. (MD).No.555/2010 filed by the similarly placed persons, directing the respondents to regularise the services of the employees from the date of completion of three years of service on consolidated pay.

Subsequently, Review Petitions in

Rev.Appl.(MD).No.87 of 2014 etc, were filed and in the Review Petitions, the Full Bench has passed an order on 30.05.2017 as follows_ (a)Persons employed as Sanitary Workers covered by G.O.Ms.No.101, dated 30.04.1997 and G.O.Ms.No.71, dated 5.5.1998 are entitled to be regularised after completion of the period under consolidated pay as specified in the Government Order from the date of their initial appointment. (b)Any Orders passed by any Municipality regularising the service based on G.O.Ms.No.21, dated 23.02.2006, Full Bench Judgment dated 29.11.2013 and G.O.Ms.No.166 dated 31.12.2004 shall be recalled and an appropriate order shall be passed as held above.

Thereafter, the Government issued orders in G.O.Ms.No.142, Municipal Administration and Water Supply (TP.1) Department, dated 23.09.2015, permitting the Executive Officers of the Town Panchayats to regularise the services of the workers employed in Sanitation, Water Supply and Street Light Maintenance from the date on which they completed three yeas of service on consolidated pay. Pursuant to the said order, the 4th respondent herein (Executing Officer, Sirumugai Town Panchayat), has sent a detailed proposal on 18.07.2016 to the respondents 1 & 2, with regard to regularization of the services of the petitioners. Since the said proposal has not been considered till date, the petitioners have come forward with the present writ petition.

5.Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who took notice for the respondents 1 to 3, sought for twelve weeks time to consider the said proposal. 6.Considering the facts and circumstances of the case, this Court directs the 1st respondent to consider the proposal sent by the 4th respondent and pass appropriate order on merits, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar ssv

To 1.The Secretary to the Government, Government of Tamil Nadu Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

2.The Director of Town Panchayats, Kuralagam, Chennai-600 108.

3.The Assistant Director of Town Panchayats, Coimbatore, Coimbatore District.

4.The Executive Officer, Sirumugai Town Panchayat, Sirumugai, Coimbatore District.

+1cc to Mr.P.Rajendran Advocate SR.No.85528 +1cc to Government Pleader SR.No.86279 W.P.No.31322 of 2017 GN(02/01/2018)