V. Shanmugam v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.34242 of 2017 (Through Video Conferencing) V.Shanmugam .. Petitioner vs.
1.The Secretary to Government Municipal Administration & Water Supply Department Secretariat, Chennai-9.
2.The Managing Director, Chennai Metro Water Supply & Sewerage Board, Chinthadripet, Chennai-2.
3.The Director of Municipal Administration, Chepauk, Chennai-5.
4.The Area Engineer, Chennai Metro Water, Alandur, Chennai - 16. .. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to take necessary action on the petitioner's representation dated 25.09.2013 to regularize his service on completion of 480 days in a period of 2 years in the pay scale applicable to him as was done to other 13 persons in the same Municipality by way of G.O.Ms.No.596 dated 08.12.2010.
For Petitioner : Mr.R.Subramanian for M/s.V.Sukumar For R1 & R3 : Mr.V.P.R.Elamparithi Government Advocate.
For R2 & R4 : Mr.V.Ramesh
O R D E R
The petitioner was appointed as a Helper with the erstwhile Alandur Municipality which later stood merged with the Greater Chennai Corporation in October 2014. The
petitioner was working with the said Municipaliity from 06.01.1991 to 28.11.1996. However, his service was terminated by the erstwhile Alandur Muncipality.
2. Under these circumstances, the petitioner filed I.D.No.254 of 1997 before the Labour Court which ultimately came to be allowed, by an order dated 23.05.2003. It was held that the non employment of the petitioner by the erstwhile Alandur Municipality was not justified and therefore the petitioner was entitled to be reinstated into service together with backwages, continuity of service and other attendant benefits.
3. The petitioner, thereafter filed W.P.No.9771 of 2004 to implement the aforesaid order of the Labour Court. By an order dated 15.12.2004, this Court allowed the writ petition by holding that the award of the Labour court had become final.
4. During the interregnum, similarly placed persons had filed W.P.No.1175 of 2005 to regularize their employment which came to be ordered on 22.04.2009. Pursuant to the aforesaid order, the Government had also issued G.O.(T.D.) No.596 dated 08.12.2011. In this writ petition, the petitioner wants to implement the aforesaid G.O. in view of the award dated 23.05.2003 passed by the Labour Court.
5. The fact on records also indicates that the Commissioner of Alandur Municipality had also belatedly filed W.P.No.2747 of 2005 before this Court and challenged the award of the Labour Court in I.D.No.254 of 1987 dated 23.05.2003.
The said writ petition was dismissed on 16.06.2009. Aggrieved by the order of the dismissal, the 2nd respondent Commissioner of Alandur Municipal filed writ appeal before the Division Bench of this Court in W.A.No.1545 of 2010.
6. The Division Bench also dismissed W.A.No.1545 of 2010 vide its order dated 27.08.2010. After the dismissal of the writ appeal, the petitioner had also filed contempt petition. Thereafter, the petitioner was absorbed into the service by the respondent on 11.02.2011 as a watchman. However, his service has not been regularized. The petitioner has sent several representations to the respondents. Since it did not yield any positive response, the petitioner has come forward with the present writ petition.
7. It is the contention of the respondents that the petitioner was appointed as a temporary Watchman as there was no post of Helper or Fitter in the order of Chennai Corporation. It was not a sanctioned post under the erstwhile Alandur Municipality. He submits that the said post also does not exist in the 2nd respondent Metro Water Supply and Sewerage Board. He submits that the petitioner was appointed on 23.02.2011 and was transferred to the Chennai Metro Water Supply and Sewerage Board only as a temporary watchman from 20.10.2011. It is therefore submitted that the
service of the petitioner cannot be regularized the said Board from the date of his appointment from 23.03.2011 as per the provisions in Regulation No.15 (2) (i) to (iii) of Employees Service Regulation 1978 of the Chennai Metro Water Supply and Sewearge Board.
8. Considering the fact that the order of the Labour Court in I.D.No.254 of 1997, had attained finality, the prayer of the petitioner for being treated on par with those who get the benefit of G.O.Ms.No.596 in the 2nd respondent, Metro Water Supply and Sewerage Board cannot be denied to the petitioner.
9. It is no longer open for the respondents to state that the post of Helper or Fitter was not a sanctioned post either in the Alandur Municipality or in the Chennai Metro Water Supply and Sewerage Board. The petitioner is now in employment with the second respondent. He is therefore entitled to a status of a permanent employee together with continuity of service from the date, his service was terminated by the erstwhile Alandur Municipality.
10. Consequently, the respondents are directed to make appropriate changes in the service record of the petitioner by treating the petitioner as a permanent employee in continuous service on 06.01.1991. This exercise may be carried out by the 2nd respondent within a period of six weeks from the date of receipt of a copy of this order.
11. This writ petition is disposed with the above observation. No costs.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar Kkd To 1.The Secretary to Government Municipal Administration & Water Supply Department Secretariat, Chennai-9.
2.The Managing Director, Chennai Metro Water Supply & Sewerage Board, Chinthadripet, Chennai-2.
3.The Director of Municipal Administration, Chepauk, Chennai-5.
4.The Area Engineer, Chennai Metro Water, Alandur, Chennai - 16.
+1cc to Mr.V.Sukumar, Advocate, S.R.No.40133 +1cc to the Government Pleader, S.R.No.40061 W.P.No.34242 of 2017 PL(CO) GN(14/09/2021)