M.Arjunan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 17.08.2020
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO. 9175 OF 2013 and M.P.No.1 of 2013 1.M.Arjunan 2.S.Devaraj 3.V.Devadoss 4.T.Karunkaran 5.A.Saravanan 6.S.P.Sundararajan 7.P.Sekar 8.N.Ravikumar 9.V.Damodaran 10.A.Marimuthu 11.N.Anbu 12.K.Munusamy 13.E.Selvaraj 14.P.Danasekaran 15.K.Purushothaman 16.G.Ettiappan 17.K.Murugavel 18.E.Rajendran .. Petitioners - Vs - 1.The Secretary to Government, Municipal Administration & Water Supply Dept., Fort.St.George, Chennai 600 009.
2.Director of Municipal Administration, Chepauk, Chennai 600 005.
3.The Commissioner, Pallavaram Municipality, Chennai-44 .. Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Ceritorified Mandamus, calling for the records on the file of the 3rd respondent in his proceeding Na.Ka.No.1356/06/C1 dated 25.05.2006 and quash the same in so far as the petitioners are
concerned and consequently direct the respondents, especially the third respondent to regularise their services with effect from as detailed below:
---------------------------------------------------------------- --------------------------------------------- Sl.No Name Date of As per list Consolidated Appointment Sl.No pay of Rs.2,000/ as N.M.R. with effect from ---------------------------------------------------------------- --------------------------------------------- 1.M.Arjunan 01.04.1986 1.15.04.2002 A.Sundar(Death) Sanitary Worker 2.S.Devaraj 01.04.1986
2. 30.06.2002 Tmt.Lakshmi(Rtd.) Sanitary Worker 3.V.Devadoss 01.03.1993
4. 30.06.2002 James(Rtd.) Sanitary Worker 4.T.Karunkaran 01.03.1993
5. 30.06.2002 Dayabathamman(Rtd.) Sanitary Worker 5.A.Saravanan 01.03.1993 7.16.08.2002 Tmt.Venkatammal (Death) Sanitary Worker 6.S.P.Sundararajan 01.03.1993 8.29.10.2002 Mark(Death) Sanitary Worker 7.P.Sekar 01.01.1994 9.10.11.2002 Devan (Death) Sanitary Worker 8.N.Ravikumar 01.03.1994
10. 1.12.2002 Rajendiran (Death) Sanitary Worker 9.V.Damodaran 01.06.1994
12. 30.04.2003 Tmt.Mariammal (Rtd.) Sanitary Worker 10.A.Marimuthu 01.06.1994
13. 31.05.2003 Tmt.Gopammal (Rtd.) Sanitary Worker 11.N.Anbu 01.07.1994 14.30.06.2003 Tmt.Govinammal(Rtd.) Sanitary Worker 12.K.Munusamy 01.11.1994 16.25.03.2004 Subramani (Death) Sanitary Worker
13.E.Selvaraj 01.11.1994 17.30.06.2004 Tmt.Veerammal(Rtd.) Sanitary Worker 14.P.Danasekaran 01.03.1995 20.30.06.2004 Joseph (Rtd.) Sanitary Worker 15.K.Purushothaman 01.05.1995 22.30.06.2004 Tmt.Jimmayeammal(Rtd) Sanitary Worker 16.G.Ettiappan 01.06.1995
23. 30.06.2004 Rajaiyh (Rtd.) Sanitary Worker 17.K.Murugavel 01.09.1995
24. 1.10.2004 Ramamurthy (Death) Sanitary Worker 18.E.Rajendran 01.02.1996 27.08.12.2004 T.Jayaraj(Medical unfit -Compulsory retirement) ---------------------------------------------------------------- --------------------------------------------- In terms of G.O.Ms.NO.125, Municipal Administration and Water Supply Department dated 27.05.1999 and the order of this Court in W.P.(MD) NO.14119 of 2011 dated 30.07.2012 based on the orders of the Division Bench of the High Court in W.A.(MD) No.273 of 2011 with all consequential service and monetary benefits.
For Petitioners : M/S.A.Baskaran For Respondents :Mr.S.Thangavel, Spl.G.P for RR1 & 2 :M/S.P.Srinivas for R3
ORDER
The Writ Petition has been filed by the petitioners, to call for the records on the file of the 3rd respondent in his proceeding Na.Ka.No.1356/06/C1 dated 25.05.2006 and quash the same in so far as the petitioners are concerned and consequently direct the respondents, especially the third respondent to regularise their services with effect from the date of their respective appointments and to direct the respondents to appoint the petitioners in terms of G.O.Ms.NO.125, Municipal Administration and Water Supply Department dated 27.05.1999 and the order of this Court in W.P.(MD) NO.14119 of 2011 dated 30.07.2012 based on the orders of the Division Bench of the High Court in W.A.(MD) No.273 of 2011 with all consequential service and monetary benefits.
2. The case of the petitioners is that the petitioners are employees of the Pallavaram Municipality, the 3rd respondent
herein, and they were appointed on various dates, by the Commissioner of Pallavaram Municipality, as Nominal Muster Roll employees. The grievance of the petitioners is that G.O.Ms.NO.125, Municipal Administration and Water Supply Department dated 27.05.1999, stipulates for bringing the NMR into regular establishment after completion of one year of service on consolidated pay; whereas in the case of petitioners, they were brought into the regular service after rendering many years of service on consolidated pay, due to which they have lost their consequential benefits. According to the petitioners, they are entitled to be appointed on 27.05.1999, on a consolidated pay of Rs.2000/- per month for a period of one year and thereafter on and from 27.05.
2000, there were entitled to be placed in the time scale of pay; therefore the petitioners have jointly submitted a letter dated 08.12.2006 to the Commissioner of Municipal Administration, Chepauk; based on the representation given by similarly placed persons, orders were issued regularizing their services from the date of completion of one year from the date of joining duty as consolidated pay staff as per the above said G.O.Ms.No.125, dated 27.05.1999. Therefore, the petitioners submitted a representation jointly on 18.06.2011. Without enjoying the benefits, many of the petitioners have attained the age of superannuation and they have been arbitrarily denied the service benefits from 27.05.1999. Therefore, left with no other alternative, the petitioners approached this Court by way of filing the writ petition with the above said prayer.
3.Learned counsel appearing on either side fairly conceded that the issue raised in this writ petition fell for consideration before a Full Bench of this Court and the same was allowed leading to the filing of a review application No.254/2015, which was also dismissed. Against the said dismissal, Special Leave Petition in SLP. No.(C) 19874/2017 was filed before the Hon'ble Supreme Court, and the order of the Full Bench has been stayed by the Hon'ble Supreme Court.
4. In view of the fair stand taken by the learned counsel appearing for the parties, this Court is of the considered opinion, that instead of keeping these petitions pending on the file of this Court, it would suffice if a direction is issued to the respondents to grant the relief, if any, to the petitioners and other similarly placed persons, in tune with the orders that is passed by the Hon'ble Supreme Court in the case pending before it
5. Accordingly, these writ petitions are disposed of, directing the respondents to grant the relief, if any, to the
petitioners and other similarly placed persons, in tune with the orders that is passed by the Hon'ble Supreme Court in the case pending before it.
Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Municipal Administration & Water Supply Dept.
Fort.St.George, Chennai 600 009.
2.Director of Municipal Administration, Chepauk, Chennai 600005.
3.The Commissioner, Pallavaram Municipality, Chennai-44.
+1cc to Government Pleader in SR.27011 W.P. NO.9175 OF 2013 RSV(CO) RV(15/09/2020)