T.Thangappan, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14540 of 2017 T.Thangappan ..
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 Vellimalai Town Panchayat Ammandivilai 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.39/2014/A1 dated 12.2.2014 and Na.Ka.No.39/A1/2014 dated 3.1.2017 in terms of G.O.Ms.No.37 Municipal Administration and Water Supply (T.P.) Department dated 1.2.2011 so as to enable the petitioner to get time scale pay from 7.1.2013 after adjusting the consolidated pay paid to the petitioner.
For Petitioner :: Mr.P.Ebenezer Paul For Respondents :: Mr.J.H.Iniyan Government Advocate for R1 to 3 Mr.P.Senthilvel 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.39/2014/A1 dated 12.2.2014 and Na.Ka.No.39/A1/2014 dated 3.1.2017 in terms of G.O.Ms. No.37, Municipal Administration and Water Supply (T.P.) Department dated 01.02.2011 so as to enable the petitioner to get time scale of pay from 7.1.2013, after adjusting his consolidated pay.
2. The petitioner was appointed as Driver in the Vellimalai Town Panchayat, the fourth respondent, on 7.1.2013 on a monthly salary of Rs.4500/-. As the petitioner had obtained Light Motor Vehicle driving licence on 6.4.99 and Heavy Motor Vehicle driving licence on 12.2.2013 and also registered his name in the Employment Exchange, Nagercoil, he was issued with the appointment order. While so, the fourth respondent-Town Panchayat also passed resolution no.372 on 18.12.2013 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 in Na.Ka.No.39/A1/2014 on 12.2.2014 to the third respondent.
But without considering the proposal submitted by the fourth respondent to the third respondent, the second respondent, vide proceedings dated 22.12.2016, has again called for a proposal from the fourth respondent and accordingly, the same was also furnished by the fourth respondent to the third respondent vide proceedings in Na.Ka.No.39/A1/2014 dated 3.1.2017.
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.J.H.Iniyan, learned Government Advocate, 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 Government Advocate, as the proposals have already been forwarded by the fourth respondent way back on 12.2.2014 and 3.1.2017, 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.15765 of 2017 is closed. No costs. Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. 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 Vellimalai Town Panchayat Ammadivilai Post, Kanyakumari District +1cc to M/s.P.Ebeneserpaul,Advocate sr.41303 +1cc to Government Pleader sr.42095 W.P.No.14540 of 2017 msm(co) ss(22/6/2017)