The Commissioner, v. G Vadivelu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER and C.M.P.Nos. 27176 & 27190 of 2024 The Commissioner, Villupuram Municipality, Villupuram.
...Appellant in both appeals Vs.
1.G.Vadivelu ... 1st Petitioner in W.A.No. 3495 of 2024
1. S.Krishnamoorthy ... 1st Petitioner in W.A.No. 3497 of 2024 2.Government of Tamil Nadu, Rep. By its Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600009.
3.The Director, Commissioner of Municipal Administration, Raja Annamalaipuram, Chennai.
... Respondents 2 & 3 in both appeals Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the order dated 01.02.2024 made in W.P.Nos. 16591 & 16605 of 2021.
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For Appellant : Mr.P.Kumaresan Additional Advocate General assisted by Mr.P.Dineshkumar in both appeals For Respondents : Ms.A.Pramila for R1 in WA/3495/2024 Mr.V.Jayaprakash Narayanan for R1 In WA/3497/2024 Mr.P.Anandhakumar Government Advocate for R2 & R3 In both appeals COMMON JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN, J.) We do not find any merit in the appeal. The petitioners, who are working as Overhead Tank Operators in Panchayats, which are annexed with Villupuram Municipality sought for regularization.
2. The learned single Judge took note of the previous judgments on the subject, including the judgment of the Division Bench of this Court in the Commissioner, Corporation of Chennai Vs. the Principal Secretary to Government in W.A.No.1615 of 2018 dated 23.11.2023 and held that similar benefits have been conferred on employees working in Panchayats, which were annexed with Corporation. The learned single Judge took of the 2/6
fact that the judgment of the Division Bench dated 23.11.2023 referred above was confirmed by the Hon'ble Supreme Court in SLP(Civil) Diary No.32071 of 2024 on 27.09.2024. Another Division Bench of this Court, to which, one of us (Hon'ble Mr.Justice R.Subramanian) was a party in M.Shanmugam and Others Vs. Government of Tamil Nadu and others reported in 2023 (1) CWC 495 has also passed orders regularizing the services of the daily wage employees working in Panchayat Unions.
3. In the appeals on hand, it is seen that the 1st respondent in both the appeals continued to work as Overhead Tank Operators under the Municipality. It is stated that consequent upon the merger of the Panchayat Unions with the Municipality, Government Orders have been passed granting consolidated wages to the persons, who had worked as Overhead Tank Operators in the Municipality. Payment of consolidated wages by itself cannot be a supplement to regularization. Admittedly, it is stated that the respondents have been working in the Panchayats and thereafter, working in the Municipality for more than 2 1⁄2 decades. Therefore, they would definitely be entitled to the benefit of regularization. 3/6
4. In view of the judgment of the Division Bench referred to supra, we do not see any reason to interfere with the order of the learned single Judge. These Writ Appeals therefore, fail and they are accordingly, dismissed. No costs. Consequently, connected miscellaneous petition are closed.
(R.S.M., J.) (K.S., J.) 15.07.2025 kkn Internet: No Index: No Speaking/Non-speaking order 4/6
To:- 1.The Commissioner, Villupuram Municipality, Villupuram.
2.The Secretary to Government, Government of Tamil Nadu, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600009.
3.The Director, Commissioner of Municipal Administration, Raja Annamalaipuram, Chennai.
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R.SUBRAMANIAN, J.
and K.SURENDER, J.
KKN and C.M.P.Nos. 27176 & 27190 of 2024 15.07.2025 6/6