Madras High CourtCRL OP(MD)/53/2019closed

R. Chokkalingam v. The Inspector Of Police

2019-01-11Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.01.2019

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA REV.APPLC(MD) No.53 of 2019 AND CMP(MD)No.1312 of 2019 THE COMMISSIONER BODINAYAKANOOR MUNICIPALITY, BODINAYAKANOOR TALUK, THENI DISTRICT ... PETITIONER Vs 1.R.BALAKRISHNAN 2.RAVI 3.VELAN 4.P.SOUNDARAPANDIAN ..RESPONDENTS 1 TO 4/RESPONDENTS 5 THE SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST. GEORGE, CHENNAI-600 009 6 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI-600 005 ... RESPONDENTS 5 AND 6/APPELLANTS 1 AND 2 PRAYER: Review Application filed under Order 47, Rule 1 of the Code of Civil Procedure to review the order dated: 22.09.2015 passed in WA(MD)No.743 OF 2014 and consequently allow the Writ Appeal. Prayer in WA(MD). 743/ 2014 :

This Memoradum of Grounds of Writ appeal before this Honourable High Court as against the order of this Honourable Court, dated 11.03.2013 made in WP(MD) No. 3472/2013.

Prayer in WP(MD). 3472/ 2013 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the proceedings of the 3rd respondent in Na.Ka.No. 797/2006/H1, dated 16.03.2006 and quashed the same in so far as its regularization of the service of the petitioners concern and consequently direct the respondents here in to regularize the service of the petitioners in time scale of pay after the completion of three years period from their date of appointment made pursuant to and in accordance with the GO MS No. 199, Municipal Administration and Water Supply Department dated

12.08.1997 with all consequential and attendant benefits . For Petitioner: M.KARUPPASAMY PANDIAN

ORDER

V.M.VELUMANI,J., The Review Application is filed to review the order dated 22.09.2015 passed in W.A.(MD)No.743 OF 2014 and consequently allow the Writ Appeal.

2. Heard the learned counsel appearing for the petitioner.

3. The respondents 1 to 4 were appointed as sweeper/sanitary worker on a consolidated pay for three years with effect from 08.05.1998 and completed three years of service. The respondents 1 to 4 and other sanitary workers, who were appointed temporarily in Town Panchayat and III Grade Municipalities on a consolidated pay, sought for regularisation on completion of three years, as per G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997. The Respondents 1 to 4 and other employees were regularies on 16.03.2006 with effect from 23.06.2006. sd/- 24/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1 R.BALAKRISHNAN S/O.RAJU, DOOR NO.134, MUNICIPAL COLONY, BODINAYAKANOOR POST, THENI DT 2 RAVI S/O.RASU, MUNICIPAL COLONY, BODINAYAKANOOR POST, THENI DT 3 VELAN S/O.TIRUMALAISAMY, DOOR NO.60, MUNICIPAL COLONY, BODINAYAKANOOR POST, THENI DT 4 P.SOUNDARAPANDIAN S/O.PETCHIAPPA, DOOR NO.13, MUNICIPAL COLONY, BODINAYAKANOOR POST, THENI DT 5 THE SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, FORT ST. GEORGE, CHENNAI-600 009 6 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI-600 005 +1. C.C. to M/S.M.KARUPPASAMY PANDIAN Advocate SR.No.

ORDER

IN REV.APLC(MD) No.53 of 2019 Date :24/01/2019