Madras High Court
A. Moorthy vs The Commissioner Of Municipal ... on 22 December, 2021
W.A.No.3005 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 22.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
W.A.No.3005 of 2021
A. Moorthy ... Appellant
v.
1. The Commissioner of Municipal Administration,
Chepauk,
Chennai – 600 005.
2. The Regional Director of Municipal Administration,
Vellore.
3. The Commissioner,
Wallajapet, Municipality, Walajapet,
Vellore District – 632 513. ... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order passed in W.P.No.18038 of 2010 dated 01.07.2011.
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W.A.No.3005 of 2021
For Appellant : Mr.P. Manikannan
For Appellant : Mrs. Geetha Thamariselvan
Special Government Pleader - R1 & R2
No Appearance - R3
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed in W.P.No.18038 of 2010, the writ
petitioner has filed the above Writ Appeal.
2. The appellant filed the Writ Petition to issue a Writ of
Certiorarified Mandamus, to call for the records of the 1st respondent
dated 23.09.2009, to quash the same and directing the respondents to
regularise the service of the petitioner as per G.O.Ms.No.198, Municipal
Administration & Water supply Department dated 26.10.1998.
3. It is the case of the appellant that he is working as N.M.R. even
prior to 1.10.1996, hence, he is entitled to be regularised as per
G.O.Ms.No.198, Municipal Administration & Water supply Department
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W.A.No.3005 of 2021
dated 26.10.1998.
4. The 3rd respondent filed a counter dated 21.09.2010, wherein,
it has been stated that the appellant never worked as N.M.R. prior to the
cut off date of 01.10.1996, hence, he is not entitled to be regularised as
per G.O.Ms.No.198.
5. The learned Single Judge taking into consideration the
averments stated in paragraph Nos.6 to 9 of the counter affidavit,
dismissed the Writ Petition. Challenging the same, the writ petitioner
has filed the above Writ Appeal.
6. Though the learned Single Judge dismissed the Writ Petition as
early as on 01.07.2011, the appellant is bring up the Writ Appeal only
today, i.e. 22.12.2021, after a lapse of more than 10 years.
7. Mr.P.Manikannan, learned counsel appearing for the appellant
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W.A.No.3005 of 2021
submitted that the appellant was working as N.M.R. even prior to
01.10.1996, hence, his services to be regularised.
8. However, on a perusal of the Attendance Certificate dated
07.05.1999, enclosed in the typed set of papers, it could be seen that the
appellant was working as N.M.R. only from 18.12.1996 and not from
01.10.1996, cut off date. The appellant is not in a position to point out a
single document that he is working as N.M.R. on the cut off date i.e.
01.10.1996.
9. In such circumstances, we are not inclined to interfere with the
order passed by the learned Single Judge. Accordingly, the writ Appeal
is dismissed. No costs.
[M.D., J.] [J.S.N.P., J.]
22.12.2021
Index : Yes/No
Internet: Yes
Rj
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W.A.No.3005 of 2021
To
1. The Commissioner of Municipal Administration,
Chepauk,
Chennai – 600 005.
2. The Regional Director of Municipal Administration,
Vellore.
3. The Commissioner,
Wallajapet, Municipality, Walajapet,
Vellore District – 632 513.
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W.A.No.3005 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.3005 of 2021
22.12.2021
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