C.Mani vs The Commissioner Of Municipal ...
2022 Latest Caselaw 10604 Mad

                                                                                   Order dated : 20.06.2022
                                                                             Writ Petition No.12991 of 2014

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 20.06.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                            Writ Petition No.12991 of 2014
                                                          and
                                               M.P.Nos.2 & 3 of 2014
                C.Mani                                                               ... Petitioner
                                                         Vs.

                1.The Commissioner of Municipal Administration,
                  Ezhilagam, Chepauk,
                  Chennai - 600 005.

                2.The Regional Director of Municipal Administration,
                  Kumaran Commercial Complex,
                  Tirupur.

                3.The Commissioner,
                  Corporation of Tirupur,
                  Tirupur District.                                                  ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                praying to issue a Writ of Certiorarified Mandamus calling for the records
                relevant to the order in Na.Ka.No.E1/8317/2008 dated 17.11.2008 passed by
                the third respondent and quash the same in respect of petitioner alone as illegal,
                improper, unreasonable, against the natural justice and thereby, direct the
                respondents to regularize the service of the petitioner from 26.12.2002 to
                18.05.2006 and fix the scale of pay and pay the arrears of salary for the above
                period to the petitioner.

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                                                                                   Order dated : 20.06.2022
                                                                             Writ Petition No.12991 of 2014

                                  For Petitioner   :     Mr.B.Sundarapandiyan

                                  For Respondents :      Mr.S.Prabhakaran
                                                         Government Advocate [R1 & R2]
                                                         Mrs.P.Shanthi [R3]
                                                        *****

                                                     ORDER

The grievance of the petitioner is that the benefit of regularization of

services on completion of three years of daily wage employment has not been

granted to him. The petitioner is working as Wireman in the Corporation of

Tirupur.

2. Learned counsel appearing for the petitioner made a submission that as

per the orders of the Hon'ble Division Bench of this Court, the petitioner is

entitled for retrospective regularization of service on completion of three years in

the Corporation.

3. The matter was referred to the Hon'ble Full Bench of this Court.

Initially, the Full Bench dismissed the claim of the employees for retrospective

regularisation of service on completion of three years of service. Later, the Full

Bench has granted relief in Review Application No.223 of 2015 dated

30.05.2017. However, the said judgment of the Full Bench was taken, by way

https://www.mhc.tn.gov.in/judis

Order dated : 20.06.2022 Writ Petition No.12991 of 2014

of an appeal, by the Corporation in SLP (C) No.21935 of 2017 and the Hon'ble

Supreme Court of India granted stay of the judgment. This being the factum, the

claim of the petitioner is to be considered only after the disposal of the SLP now

pending before the Hon'ble Supreme Court of India.

4. Under these circumstances, the judgment to be passed by the Hon'ble

Supreme Court of India in the aforesaid appeal will be basis for considering the

claim of the petitioner. After disposal of the appeal by the Hon'ble Supreme

Court of India, the respondents are bound to act in accordance with the

principles.

With these observations, this Writ Petition stands disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

20.06.2022

Index : Yes / No Speaking / Non Speaking order gm

https://www.mhc.tn.gov.in/judis

Order dated : 20.06.2022 Writ Petition No.12991 of 2014

S.M.SUBRAMANIAM., J

gm To

1.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Regional Director of Municipal Administration, Kumaran Commercial Complex, Tirupur.

Writ Petition No.12991 of 2014

20.06.2022

https://www.mhc.tn.gov.in/judis