T.Mariyappan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.309 of 2018 T.Mariyappan
...Petitioner
/Vs./ 1.The Managing Director, Tamilnadu Water Supply and Drainage Board (TWAD), Chepauck, Chennai - 600005.
2.The Superintending Engineer, Tamilnadu Water Supply and Drainage Board (TWAD), Tuticorin-Virudhunagar Circle, Kovilpatti, Tuticorin-District.
3.The Executive Engineer, Maintenance Division, Tamilnadu Water Supply and Drainage Board (TWAD), Kovilpatti.
4.The Commissioner, Vembakottai Panchayat Union, Vembakottai, Viruthunagar Taluk & District.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration declaring that the action of the respondents 1 to 3 in not regularizing the services of the petitioner on par with other similarly placed employees and in regularizing his services only with effect from 24.06.2002 as illegal, arbitrary and discriminatory and consequently direct the respondents 1 to 3 to regularize his services with time scale of pay and all other consequential benefits from 18.07.98 by bringing him as employee on consolidate basis with effect from 26.03.97 as per the order of the 1st respondent dated 19.12.97 passed in Order No.Thi.Pa/60373/96 and thereafter as permanent employee with effect from 18.07.98 on his completion of 480 days of service from 26.03.
97 and to pay him pension and other terminal benefits by counting half of his entire service periods from the date of his initial appointment in the 4th respondent from 01.07.85 to 30.11.95 and also his services from 01.12.95 to 17.07.98 in the 1st respondent and by treating his services from 18.07.98 to the date of his retirement ie., 31.10.10, as regular/permanent services, together with interest, award costs.
For Petitioner : Mr.S.Arunachalam For R1 to R3 : Mr.R.Satheesh For R4 : Mr.A.K.Manikkam Special Govt.Pleader
ORDER
The petitioner sought regularization of his services on par with other similarly placed employees with all consequential monetary benefits.
2.Mr.R.Satheesh, learned counsel appearing for the TWAD Board circulates proceedings bearing Proc.No.13274/F.MA/Pay Fix/EA/2021, dated 10.12.2021 acceding to the prayer of the petitioner herein. 3.Recording the aforesaid and the mandamus sought for stands achieved, this writ petition is closed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Managing Director, Tamilnadu Water Supply and Drainage Board (TWAD), Chepauck, Chennai - 600005.
2.The Superintending Engineer, Tamilnadu Water Supply and Drainage Board (TWAD), Tuticorin-Virudhunagar Circle, Kovilpatti, Tuticorin-District.
3.The Executive Engineer, Maintenance Division, Tamilnadu Water Supply and Drainage Board (TWAD), Kovilpatti.
2/3
4.The Commissioner, Vembakottai Panchayat Union, Vembakottai, Viruthunagar Taluk & District.
+1 CC to M/s.SGP SR-40206 W.P.(MD)No.309 of 2018 22.12.2021 RD(3.01.2022) 3P 6C 3/3