S.Navaneethan v. The Under Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.3707, 3710, 3712, 3714, 4751 to 4764 and 4766 of 2020 and W.M.P.(MD).Nos.3129, 3131, 3133, 3136, 4132 to 4146 of 2020 W.P.(MD)No.3707 of 2020:
S.Navaneethan ... Petitioner Vs.
1. The Under Secretary to Government of India, Ministry of Rural Development, Department of Drinking Water and Sanitation, 8th Floor, Pariyavaran Bhavan, CGO Complex, Lodi Road, New Delhi - 110 003.
2. The Director (CRSP), Government of India, Department of Drinking Water and Sanitation, 12th Floor, Periyavaran Bhavan, CGO Complex, Lodi Road, New Delhi - 110 003.
3. The Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Chennai.
4. The Director, Directorate of Rural Development and Panchayats, Panagal Building, Saidapet, Chennai - 600 015.
5. The District Collector-cum-Chairman, District Rural Development Agency, Ramanathapuram District, Ramanathapuram.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 3 to 5 to frame a scheme to regularise the petitioner in the post of District Co-ordinator, Swachh Barat Mission Scheme and permit the petitioner to continue to work until the completion of Swachh Bharat Mission Scheme or renamed in any other name or in any other similar schemes and further directing the respondents 3 to 5 to pay the petitioner a consolidated salary as per the proceedings of the first respondent dated 24.08.2010 and the proceedings of the second respondent dated 07.09.2010 and further directing the respondents 3 to 5 to pay arrears of salary as applicable, with interest at the rate of 12% per annum within a time frame as fixed by this Court.
For Petitioner :
Mr.B.Saravanan For Respondent :
Mr.C.Nandagopal Central Government Standing Cousnel for R1 and R2 Mr.C.Satheesh Government Advocate for R3 to R5 C O M M O N O R D E R When these matters are taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners were appointed as District Co-ordinators and Block Co-ordinators under the Scheme, namely, Total Sanitation Campaign Scheme, which is called as "Nirmal Baharat Abhiyan Scheme" (NBA) on temporary basis on payment of consolidated salary. He further submitted that these Writ Petitions have been filed for regularization of the petitioners, who were working under the said Scheme in the regular scheme of service.
2. However, the learned counsel appearing for the petitioners restricted his prayer and prayed for a direction to the Government to engage the services of the petitioners till the Scheme is in existence and revise the pay as per the guidelines issued by the respective Government.
3. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.
4. Considering the limited request made by the learned counsel appearing for the petitioners, if the petitioners rendered service to the satisfaction of the employer, the employer is directed to engage the services of the petitioners till the completion of the Scheme and further pay the salary as per the guidelines issued by the respective Government from time to time.
5. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 08.12.2022 Index : Yes / No Speaking Order : Yes / No vji
To
1. The Under Secretary to Government of India, Ministry of Rural Development, Department of Drinking Water and Sanitation, 8th Floor, Pariyavaran Bhavan, CGO Complex, Lodi Road, New Delhi - 110 003.
2. The Director (CRSP), Government of India, Department of Drinking Water and Sanitation, 12th Floor, Periyavaran Bhavan, CGO Complex, Lodi Road, New Delhi - 110 003.
3. The Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Chennai.
4. The Director, Directorate of Rural Development and Panchayats, Panagal Building, Saidapet, Chennai - 600 015.
5. The District Collector-cum-Chairman, District Rural Development Agency, Ramanathapuram District, Ramanathapuram.
M.DHANDAPANI, J.
vji W.P.(MD)Nos.3707, 3710, 3712, 3714, 4751 to 4764 and 4766 of 2020 and W.M.P.(MD).Nos.3129, 3131, 3133, 3136, 4132 to 4146 of 2020 08.12.2022