M.Gopal, S/O.G.Mururgan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14272 of 2017 M.Gopal .. Petitioner -vs1. The Government of Tamil Nadu rep.by its Secretary Municipal Administration & Water Supply (T.P) Department Fort St.George Chennai 600 009
2. The Director of Town Panchayats Kuralagam Building Chennai 600 108
3. The Assistant Director of Town Panchayats Nagercoil Region, Kanyakumari District
4. The Executive Officer Eraniyal Town Panchayat Neyyur Post, Kanyakumari District .. Respondents 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 fourth respondent town panchayat for removal of garbage based on the proposal submitted by the fourth respondent in his proceedings Na.Ka.No.24/2014/A1 dated 19.2.2014 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 to enable the petitioner to get time scale pay from 1.2.2011 after adjusting the consolidated pay paid to the petitioner.
For Petitioner :: Mr.P.Ebenezer Paul For Respondents :: Mr.T.M.Pappiah Special Government Pleader for R1 to 3 Mr.O.Selvam Government Advocate for R4
ORDER
This writ petition has been filed seeking a 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 fourth respondent vide proceedings Na.Ka.No.24/2014/A1 dated 19.02.2014 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.
2. The petitioner was appointed as Driver in the Eraniyal Town Panchayat, the fourth respondent, on consolidated pay on 1.1.2011. As the petitioner had obtained Light Motor Vehicle driving licence on 6.2.2008, HMV licence on 5.11.12 and also registered his name in the Employment Exchange, Nagercoil, he was issued with the appointment order for a monthly salary of Rs.750/-. While so, the fourth respondent-Town Panchayat also passed resolution no.6 on 31.12.2013 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 19.2.2014 to the third respondent, which is still under consideration.
3. At this stage, it is contended by the learned counsel for the petitioner that when the Government had 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.
4. Mr.T.M.Pappiah, learned Special Government Pleader, accepting notice for the respondents 1 to 3, 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 19.2.2014, 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 this direction, the writ petition stands disposed of. Consequently, W.M.P.No.15470 of 2017 is closed. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ss To
1. The Secretary to Government Municipal Administration & Water Supply (T.P) Department Fort St.George Chennai 600 009
2. The Director of Town Panchayats Kuralagam Building Chennai 600 108
3. The Assistant Director of Town Panchayats Nagercoil Region, Kanyakumari District
4. The Executive Officer Eraniyal Town Panchayat Neyyur Post, Kanyakumari District +1cc to Mr.P.Ebenezer Paul, Advocate, S.R.No.40804 +2cc to Mr.O.Selvam, Advocate, S.R.No.40713 +1cc to the Government Pleader, S.R.No.41266 W.P.No.14272 of 2017 RR(CO) CS/27/06/17