Madras High CourtWP/10032/2026disposed of

Buvaneswari v. The Secretary To Government Of Tamil Nadu

2026-03-16Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

1. Buvaneswari W/o.Sadasivam Bill Collector Pooluvapatti Town Panchayat, Site No.20, Ohm Sakthi, Theethipalayam Road, Kalampalayam, Coimbatore-10.

2. Harihara Krishnan Bill Collector Dhaliyur Town Panchayat No.2/122, Kuppusmay Gounder Street, Ulliyampalayam, Deenampalayam Post, Thondamuthur, Coimbatore-641 109.

3. Lakshmi Bill Collector (Rtd) Ettimadai Town Panchayat, No.3/5, Annamalai Naicker Street, Kuniamuthur, Coimbatore District.

4. Akilandam Junior Assistant (Rtd) Kottur Town Panchayat No.6/27, Mettukadu, Naracimapuram, Vijayalakshmi Mills, Kuniamuthur Post, Coimbatore District.

..Petitioners Vs

1. The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department, Fort St. George, Chennai-9.

2. The Director of Town Panchayat No.78, Urban Administrative Building, Santhome High Road, Chennai-600 028.

3. The Collector Coimbatore District.

4. The Executive Officer, Pooluvapatti Town Panchayat, Perur Taluk, Coimbatore District.

5. The Executive officer Dhaliyur Town Panchayat, Perur Taluk, Coimbatore District.

6. The Executive Officer Ettimadai Town Panchayat Madukkarai Taluk, Coimbatore District.

7. The Executive officer, Kottur Town Panchayat, Anaimalai Taluk, Coimbatore District.

8. The Director of Local Fund Perasiriyar K.Anbalagan Maaligai No.571, Anna Salai, Nandanam , Chennai-35.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant the petitioners the benefits under G.O. Ms. No.76 dated 31.05.2019 by giving them antedated appointment as Bill Collectors / Junior Assistants with notional pay fixation from the 02.06.2001 along with arrears and to revise and re-fix the pension of 3rd and 4th petitioners and other terminal benefits and pay the same with arrears.

For Petitioners:

Mr.P.I.Thirumoorthy For Respondents:

Mr.C.Selvaraj Additional Government Pleader for R1 to R3 & R8

ORDER

This writ petition is filed seeking a mandamus to the respondents to grant the petitioners the benefits under G.O.Ms.No.76 dated 31.05.2019 by giving them antedated appointment as Bill Collectors/Junior Assistants with notional pay fixation from 02.06.2001 along with arrears and to revise and refix their pension of 3rd and 4th petitioners and to pay them other terminal benefits along with arrears

2. It is the case of the petitioners that 1st and 2nd petitioners are now working as Bill Collector in Pooluvapatti Town Panchayat and Dhaliyur Town Panchayat in Coimbatore District, and the 3rd and 4th petitioners had retired from the posts of Bill Collector and Junior Assistant respectively in Ettimadai Town Panchayat and Kottur Town Panchayat of Coimbatore District on 31.05.2024. The petitioners would state that they were originally appointed as daily wage employees and as per the proceedings of the 2ndrespondent dated 02.06.2001, they were absorbed in the entry level post of Record Clerk and Sanitary Supervisor as per G.O.Ms.No.125 Municipal Administration and Water Supply

Department dated 27.05.1999. Thereafter, they were promoted to the posts of Bill Collector and Junior Assistant, by proceedings of the 1st respondent dated 04.07.2018 and their appointments were made on the basis of G.O.Ms.No.69, Municipal Administration and Water Supply Department.

3. The petitioners would submit that the first respondent vide G.O. (Ms)No.76, Municipal Administration and Water Supply Department dated 31.05.2019, had promoted 62 persons in the Entry Level Posts to Junior Assistants and Bill Collectors, notionally with effect from 02.06.2001. Of these 62 persons, the petitioners 3,4,1 and 2 were placed at Sl.Nos.30, 32, 33 and 36 respectively, and one Irudhayamary was placed at Sl.No.6 and one Kamaraj at Sl.No.17. While so, the second respondent issued proceedings on 23.08.2021, inter alia excluding 12 persons and had promoted only 50 persons, out of the said 62 persons, to the post of Bill Collectors / Junior Assistants retrospectively with effect from 02.06.2001, and these 12 persons includes the petitioners herein, Irudayamary and Kamaraj.

4. Aggrieved by the exclusion, the said Irudayamary and Kamaraj had approached this Court in W.P. No.10489 of 2022 and W.P.No.10491 of 2022 seeking a mandamus to the respondents to grant them the benefits under G.O.Ms.No.76, by antedating their appointment from 02.06.2001 as Bill Collector / Junior Assistant, with notional fixation and to grant all attendant

benefits. These writ petitions came to be allowed and this Court had directed the respondents to give notional promotion to the petitioners therein to the post of Bill Collector / Junior Assistant with notional pay fixation. 5.Seeking a similar relief, the petitioners herein have submitted their representations to the respondents 1 and 2 on 19.06.2025 and 25.07.2025, however, the same was not considered to date. Hence, the petitioners are before this Court.

6. Heard the learned counsel on either side and also perused the materials available on record.

7. A perusal of G.O.(Ms) No.76 Municipal Administration and Water Supply Department dated 31.05.2019 would indicate that the Government had decided to promote 62 persons, who were appointed in the Entry Level Posts as per G.O.Ms.No.125 dated 27.05.1999, as Junior Assistants / Bill Collectors, notionally with effect from 02.06.2001, which includes the petitioners herein. Though the Government originally had given the benefit of G.O.Ms.No.76 to those 62 persons, the second respondent had issued the proceedings dated 24.10.2025 only with reference to 50 persons and had excluded 12 persons. Two of those 12 persons who have been omitted out, have moved this Court and obtained orders directing the respondents 1 and 2 to give notional promotion to

them to the post of Bill Collector, Junior Assistant with notional pay revision from 02.06.2001. The petitioners herein, being placed in similar position, are also entitled to the very same benefits.

8. Therefore, the writ petition is allowed and the second respondent is directed to consider the representations of the petitioners dated 19.06.2025 and 25.07.2025, by taking note of G.O.(Ms) No.76 Municipal Administration and Water Supply Department dated 31.05.2019, as well as the orders of this Court in W.P.No.10489 of 2022 and W.P.No.10491 of 2022, and pass orders by giving antedated appointment to the petitioners 1 and 2 as Bill Collectors with notional pay fixation from 02.06.2001 together with arrears of pay. Insofar as petitioners 3 and 4 who had retired on attaining superannuation in the posts of Bill Collector and Junior Assistant, the second respondent shall revise their pay from 02.06.2001 and refix their pension and pay the arrears amount along with other terminal benefits, within a period of four weeks from the date of receipt of a copy of this order. No costs.

16-03-2026 Index: Yes/No Speaking/Non-speaking order DS

To: