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Madras High CourtWA/587/2018disposed of

The Government Of Tamilnadu v. A.Alexander

2018-03-26Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.3.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.Nos.587, 287, 313, 389 and 605 of 2018 and C.M.P.Nos.5707, 2181, 2544, 3285 and 5873 of 2018 W.A.No.587 of 2018 rep. by its Secretary Municipal Admn. & Water Supply (TP) Dept. Fort St. George Chennai 600 009 2 The Director of Town Panchayats Kuralagam Building Chennai 600 108 Nagercoil Region Kanyakumari District Kappiyarai Town Panchayat Kappiyarai Post Kanyakumari District.

Versus

A.Alexander Patent against the order dated 5.6.2017 passed in W.P.No.13735 Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 2 and 3 to create one post of driver for one vehicle the vehicle purchased by the 4th respondent town panchayat for removal of garbage based on the proposal submitted by the 4th respondent to his proceedings Na.Ka. No.218/ 2013/ A1 dated 20.1.2014 and Na. Ka. No.151/2016 dated 5.1.2017 from the date of the issue of G.O. Ms. No.37 Municipal Administration and Water Supply Department (T.P. dated 1.2.2011 so as enable the petitioner to get time scale pay from 1.2.2011 after adjusting the consolidated pay paid to the petitioner

W.A.No.287 of 2018 Keezhzkulam Town Panchayat Thengapattinam Post Kanyakumari Disrict.

M.Vinish Kumar Patent against the order dated 06.06.2017 made in W.P.No.14003 Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 2 and 3 to create one post of driver for one vehicle the vehicle purchased by the 4th respondent town panchayat for removal of garbage based on the proposal submitted by the 4th respondent in his proceedings Na.Ka. No.36 / 2014 / A1 dated 07.02.2014 from the date of the issue of G.O. Ms No.37 Municipal Administration and Water Supply Department ( T.P dated 01.02.2011 so as enable the petitioner to get time scale pay from 01.02.2011 after adjusting the consolidated pay paid to the petitioner W.A.No.313 of 2018

Nallur Town Panchayat, Marthandham Post, Kanyakumari District.

P.Ebu Suresh Paul Patent against the order dated 15.06.2017 made in W.P.No.15002 WP.No.15002 of 2017:Writ Petition under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 2 and 3 to create one post of driver for one vehicle the vehicle purchased by the 4th respondent town panchayat for removal of garbage based on the proposal submitted by the 4th respondent in his proceedings Na Ka.No. 134/ 2013 dated 23.12.2013 and Na.Ka.No. 145/ 2016/ A1 dated 23.01.2017 from the date of the issue of G.O Ms.No. 37 Municipal Administration and water Supply Department (T.P. dated 1.2.2011 so as enable the petitioner to get time scale pay from 10.02.2011 after adjusting the consolidated pay paid to the petitioner W.A.No.389 of 2018

Palapallam Town Panchayat, Karungal Post, Kanyakumar District.

B.Sridharan Patent against the order dated 12.06.2017 made in W.P.No.14541 WP.No.14541 of 2017:Writ Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the Respondents 2 and 3 to create one post of driver for one vehicle the vehicle purchased by the 4th respondent town panchayat for removal of garbage based on the proposal submitted by the 4th respondent in his proceedings Na.Ka. No.341/ 2013/ A1 dated 4.1.2014 from the date of the issue of G.O.Ms. No.37 Municipal Administration and Water Supply Department (T.P dated 1.2.2011 so as enable the petitioner to get time scale pay from 1.2.2011 after adjusting the consolidated pay paid to the petitioner W.A.No.605 of 2018 Vilavoor Town Panchayat, Mulagumoodu Post, Kanyakumari District.

C.Jayakumar

Patent against the order dated 19.06.2017 made in W.P.No.15345 WP.NO.15345 of 2017:Writ Petition under Article 226 of the constitution of India seeking a Writ of Mandamus directing the respondents 2 and 3 to create one post of driver for one vehicle the vehicle purchased by the 4th respondent town panchayat for removal of garbage based on the proposal submitted by the 4th respondent in his proceedings Na.Ka. No.23/ 2014/ A1 dated 7.2.2014 and Na.Ka. No.536/ 2016/ A1 dated 23.1.2017 from the date of the issue of G.O.ms. No.37 Municipal Administration and Water Supply Department (T.P. dated 1.2.2011 so as enable the petitioner to get time scale pay from 1.2.2011 after adjusting the consolidated pay paid to the petitioner.

For appellants : Mr.P.S.Sivashanmugasundaram Special Government Pleader For respondents : Mr.V.Krishnamurthy for Mr.P.Ebenezer Paul COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants and Mr.V.Krishnamurthy, learned counsel, who takes notice on behalf of the respondents.

2. The writ appeals have been filed by the State challenging the correctness of the order passed by the learned Single Judge in giving a direction to the appellants to create one post.

3. Though notice was issued and the respondent is represented by a counsel, so far, no counter is filed. The order passed by the learned Single Judge is to the effect that since already a proposal has been forwarded by the fourth respondent therein, one post of Driver for one vehicle has to be created so as to regularize the services of the writ petitioners. So far as the direction is concerned, it appears that it is totally uncalled for because of the fact that nature of appointment has not been examined and it is only contractual in nature. Moreover, a mandamus cannot be issued in case of appointment and to regularization of services. However, the authorities may consider, if they find that it so warrants and do the needful in accordance with law. The order passed by the learned Single Judge is modified with the above observation and

the writ appeals are disposed of. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssk.

To:

rep. by its Secretary Municipal Admn. & Water Supply (TP) Dept. Fort St. George Chennai 600 009 2 The Director of Town Panchayats Kuralagam Building Chennai 600 108 Nagercoil Region Kanyakumari District Kappiyarai Town Panchayat Kappiyarai Post Kanyakumari District.

5 The Executive Officer Keezhzkulam Town Panchayat Thengapattinam Post Kanyakumari Disrict.

6 The Executive Officer Nallur Town Panchayat, Marthandham Post, Kanyakumari District.

7 The Executive Officer Palapallam Town Panchayat, Karungal Post, Kanyakumar District.

8 The Executive Officer Vilavoor Town Panchayat, Mulagumoodu Post, Kanyakumari District.

+5 ccs to M/s.EBanazar Paul Advocte sr 22688,22689 22690,22691,22692 W.A.Nos.587, 287, 313, 389 & 605 of 2018 mg(co) aa20/04/2018