G.Baskaran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.19536 of 2015 and M.P.Nos.1 to 3 of 2015 1.G.Baskaran 2.K.Kothandan 3.C.Mani 4.K.Raja 5.Pugalendi 6.M.Kumar 7.J.Kumar 8.M.Sasikala 9.D.Tamilselvan 10.M.Settu 11.A.Sabarinathan 12.G.Varadharaji 13.C.Mahesh 14.M.Ilayaraja 15.V.Shanmugam ... Petitioners Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Director of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Kancheepuram Municipality, Kancheepuram.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus, to call for the records connected with the proceedings issued in Na.Ka.No.2779/2014/H2 dated 06.04.2015 passed by the third respondent (published in Dinamani Newspaper) and quash the same and direct the respondents to regularise the petitioners in the post of Over Tank Operators from the date of the petitioners initial appointment.

For Petitioners : Mr.S.Ilamvaludhi For Respondents : Ms.M.E.Raniselvam Addl.Govt.Pleader for R1 and R2 Mr.G.B.Rajesh for R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioners are working as Over Head Tank Operators. They sought to question the notification issued by the third respondent Municipality to fill up 75 posts of sanitary workers.

2. The learned counsel for the petitioners strenuously contended that in similar circumstances, this Court in M.P.No.2 of 2015 in W.P.No.12739 of 2015 granted interim order to keep 10 posts of sanitary workers vacant, when 10 petitioners therein filed the said writ petition. Hence, the petitioners are entitled to similar order.

3. I have considered the submission made by the learned counsel for the petitioner.

4. In W.P.No.12739 of 2015, the petitioners are rendering service in the third respondent Municipality as Sanitary workers. Hence, I thought it fit to protect their service and directed to keep 10 posts of sanitary workers vacant. The petitioners herein cannot ask for similar relief, as they are not working as Sanitary workers, but they are working as Over Head Tank Operators.

5. In view of the above, the writ petition fails and the same is accordingly dismissed. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Director of Municipal Administration, Chepauk, Chennai - 600 005.

3.The Commissioner, Kancheepuram Municipality, Kancheepuram.

+1cc to Mr.G.B.Rajesh, Advocate, S.R.No.33119 +1cc to Mr.S. Ilamvaludhi, Advocate, S.R.No.33376 +1cc to the Government Pleader, S.R.No.33656 GGK(CO) EU(10/08/2015) W.P.No.19536 of 2015 https://hcservices.ecourts.gov.in/hcservices/