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Madras High CourtWP/14003/2017disposed of

M.Vinish Kumar v. The Government Of Tamilnadu

2017-06-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.14003 of 2017 and W.M.P. No.15213 of 2017 M. Vinish Kumar ... Petitioner vs.

1.

The Government of Tamil Nadu represented by its Secretary Municipal Administration & Water Supply (T.P.) Department Fort St. George Chennai 600 009 The Director of Town Panchayats Kuralagam Building Chennai 600 108 The Assistant Director of Town Panchayats Nagercoil Region Kanyakumari District The Executive Officer Keezhzkulam Town Panchayat Thengapattinam Post Kanyakumari District - 629 402 ... Respondents 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 fourth 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 to enable the petitioner to get time scale of pay from 01.02.2011 after adjusting the consolidated pay to the petitioner. For petitioner : Mr.P.Ebenezer Paul For respondents 1 to 3 : Mr.V.Jayaprakash Narayanan Special Government Pleader For respondent 4 : M/s.P.

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents 2 and 3 to create one post of Driver for one vehicle purchased by the fourth respondent Town Panchayat for removal of garbage, based on the proposal submitted by the 4th respondent vide 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 to enable the petitioner to get time scale of pay from 01.02.2011, after adjusting his consolidated pay.

The petitioner was appointed as Driver in the Keezhzkulam Town Panchayat, the fourth respondent, on consolidated pay on 10.02.2009. As the petitioner had obtained Light Motor Vehicle driving licence on 08.09.2008 which is also registered in the Employment Exchange, Nagercoil, he was issued with the appointment order for a monthly salary of Rs.500/-. While so, the fourth respondent-Town Panchayat also passed resolution no.451 on 29.11.2013 stating that it requires a mini lorry to remove the solid waste/garbages, for taking the sanitary items and for cleaning streets and a proposal to this effect was also submitted by the fourth respondent on 07.02.2014 to the third respondent, which is still under consideration.

At this stage, it is contended by the learned counsel for the petitioner that when the Government has already issued an order permitting the second respondent to create one post of Driver for one vehicle in each Town Panchayat, the respondents 2 and 3 cannot keep quiet without implementing the Government Order.

Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, accepting notice for the respondents, sought reasonable time to consider the proposal submitted by the fourth respondent.

5.

Recording the aforesaid submission made by the learned Special Government Pleader, as a proposal has already been forwarded by the fourth respondent way back on 07.02.2014, the respondents 2 and 3 are directed to create one post of Driver for one vehicle and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition stands disposed of. Costs made easy. Connected W.M.P. is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar cad To 1.

The Secretary Municipal Administration & Water Supply (T.P.) Department Government of Tamil Nadu Fort St. George Chennai 600 009 The Director of Town Panchayats Kuralagam Building Chennai 600 108 The Assistant Director of Town Panchayats Nagercoil Region Kanyakumari District The Executive Officer KeezhzkulamTown Panchayat Thengapattinam Post Kanyakumari District +1cc to M/s.P.Chinnadurai, Advocate, S.R.No.40187 +1cc to Mr.P.Ebenezer Paul, Advocate, S.R.No.40069 +1cc to the Government Pleader, S.R.No.40288 W.P.No.14003 of 2017 GMI(CO0 CS/22/06/17