P.Bannari v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.Nos.23442, 23444, 23448 & 23451 of 2023 1.P.Bannari ... Petitioner in W.P.No.23442 of 2023 2.Rangasamy ... Petitioner in W.P.No.23444 of 2023 3.S.Kuppuraj ... Petitioner in W.P.No.23448 of 2023 4.V.Murugan ... Petitioner in W.P.No.23451 of 2023

Versus

1.The District Collector, Collector Office, Erode District.

2.The Commissioner, Sathyamangalam Municipality, Sathyamangalam, Erode District.

... Respondents in all Writ Petitions PRAYER in all Writ Petitions : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or direction directing the respondents to pass orders on the petitioners' representation dated 12.07.2021 and 13.07.2021 respectively within the stipulated period as fixed by this Court. For Petitioners in all Writ Petitions :

Mr.S.Parthasarathy 1/5

For R1 in all Writ Petitions :

Mr.V.P.R.Elamparithi Additional Governance Pleader For R2 in all Writ Petitions :

Mr.B.Anand COMMON ORDER These Writ Petitions have been filed to direct the respondents to consider the representation of the petitioners dated 12.07.2021 and 13.07.2021 respectively and pass orders on the same within the time stipulated by this Court.

2. The grievance of the Writ Petitioners is that the petitioners have been working as Sweeper from the years 2013, 2015, 2013 and 2015 respectively in the 2nd respondent Municipality on temporary basis for a daily wage of Rs.160/- and thereafter, they were appointed on continuous basis for a daily wage of Rs.480/-. The petitioners were also called upon to work in the Government Hospital as well as COVID-19 vaccination camp. According to Municipality Rules and Tamil Nadu Industrial Establishments [Conferment of Permanent Status to Workmen] Act, 2/5

1981, if a person puts in more than 480 days of continuous service in a period of 2 years, they are entitled for permanent job in the Municipality. Hence, they are entitled for a permanent job considering their continuous service in the Municipality. In this regard they have given a representation to the respondents. But the same has not been considered by the respondents. Hence, the present Writ Petitions.

3. Mr.B.Anand, learned counsel appearing for the 2nd respondent submitted that now, the Municipality decided for outsourcing the post of Sweeper. The fact that the petitioners have been working from the years 2013 and 2015 is not disputed.

4. In such view of the matter, there shall be a direction to the respondents to consider the representations of the first petitioner dated 12.07.2021 and petitioners 2 to 4 dated 13.07.2021 and pass order on merits, within a period of two months, from the date of receipt of a copy of this order.

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5. With the above direction, these Writ Petitions stand disposed of. No costs.

10.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vrc To, 1.The District Collector, Collector Office, Erode District.

2.The Commissioner, Sathyamangalam Municipality, Sathyamangalam, Erode District.

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N.SATHISH KUMAR, J.

vrc W.P.Nos.23442, 23444, 23448 & 23451 of 2023 10.08.2023 5/5