Madras High CourtWP(MD)/10743/2014disposed of

S. Sasitharan Nair v. The District Collector

2017-12-07Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2017

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.10743 of 2014 and M.P.(MD).No.1 of 2014 S.Sasitharan Nair .. Petitioner Vs.

1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Executive Officer, Kollencode Town Panchayat, Kollencode Post, Kanyakumari District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to appoint the petitioner as Electrician-Helper in the second respondent Panchayat w.e.f 22.11.2000 i.e., on completion of 10 years of service on daily wages in compliance of the G.O.Ms.No.22, Personal and Administrative Reforms (F) Department, dated 28.02.2006.

For petitioner : Mr.C.K.M.Appaji For R.1 : Mr.V.Muruganantham Additional Government Pleader For R.2 : Mr.S.Satheesh Kumar Additional Government Pleader

O R D E R

*********** The petitioner was working as a Helper and was earning a salary of Rs.1,700/- on consolidated pay with effect from January 2001 and with effect from 31.07.2006, the petitioner was appointed in the time scale basis in the second respondent Panchayat at Rs.2550-55-2660-60-3200/- His prayer is to direct the respondents to appoint the petitioner as Electrician-cum-Helper in the second respondent Panchayat with effect from 22.11.2000 i.e., on completion of 10 years of service on daily wages in compliance of G.O.Ms.No.22, Personal and Administrative Reforms (F) Deparment, dated 28.02.2006. https://hcservices.ecourts.gov.in/hcservices/

2. The Executive Officer, Kollencode Town Panchayat, Kollencode Post, Kanyakumari District, the second respondent herein

has filed a counter affidavit stating that the petitioner was engaged from 22.11.1990 on daily wages and thereafter, by order dated 11.01.2001, the petitioner was appointed under the consolidated pay of Rs.1,700/-. He has been further stated in the counter affidavit that the petitioner has been engaged since 22.11.1990, on daily wages, till 11.01.2001, and as he has completed more than 10 years of service, he was regularized and brought under time scale of pay with effect from 31.07.2006.

3. The prayer in the Writ Petition is only to regularise his services from the date of completion of 10 years of service. This Court is of the view that if the petitioner is still aggrieved, it is open for him to challenge the said order of the second respondent.

4. This Writ Petition is dismissed, accordingly. No costs. Consequently, the M.P.(MD).No.1 of 2014 is also dismissed. Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Executive Officer, Kollencode Town Panchayat, Kollencode Post, Kanyakumari District.

+1cc to Mr.C.K.M.APPAJI,Advocate,SR. 91629 +1cc to M/S.Special Government Pleader,SR. 91678 W.P.(MD)No.10743 of 2014 07.12.2017 KMI KK/JC/SAR 4/05.01.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/