A.Rathinam vs Commissioner Of Municipality
2022 Latest Caselaw 9801 Mad

                                                                                  W.P.No.4835 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 10.06.2022

                                                       CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                W.P.No.4835 of 2014

                     1.A.Rathinam
                     2.D.Gnanasingh
                     3.K.Chinnasamy
                     4.A.Ramachandran                                                ...Petitioners


                                                           Vs.

                     1.Commissioner of Municipality,
                       VI th Floor, Chepauk,
                       Chennai.

                     2.Assistant Commissioner of Municipality,
                       Coimbatore Division,
                       Kumaran Commercial Complex,
                       Tiruppur,
                       Coimbatore District.

                     3.The Executive Officer,
                       Kurichi IIIrd Grade Municipality,
                       Pothanur, Coimbatore – 23.
                     ..Respondents

                     Prayer : Writ Petition filed Under Article 226 of the Constitution of India,
                     to issue a writ of Certiorarified Mandamus, Calling for the records relating
                     to the proceedings of the 3rd           respondent   dated   14.09.2011      in

                     1/5
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                                                                                           W.P.No.4835 of 2014

                     Na.Ka.No.736/2006/A6 and quash the same and consequently direct the
                     respondents to extend the benefit of the G.O.Ms.No.570, Municipal
                     Administration and Water Supply Department, dated 15.11.2010 to the
                     petitioners by bringing them into regular time scale of pay from the date of
                     completion of the 3 years of service. In the light of G.O.Ms.No.199,
                     Municipal Administration and Water Supply Department dated 12.08.1997
                     and          G.O.Ms.No.84,        Municipal   Administration   and    Water     Supply
                     Department dated 21.05.1998 and the judgment of Division Bench dated
                     23.06.2010 passed in W.A.No.47/2010 with all consequential service and
                     monetary benefits.
                                      For Petitioner         : Mr.V.Gangatharan

                                      For Respondent         : Mr.S.Saravanan
                                                               For Coimbatore Corporation

                                                              ORDER

The grievances of the writ petitioner in the present writ petition is that

they are entitled for the benefit of regulation and permanent absorption on

completion of three years of service in the 3rd respondent Municipality.

2. In this regard, the Government already issued orders and number of

writ petitions were filed before the High Court. The Hon’ble Full Bench of

this Court initially rejected the claim of the employees and in a Review

Application in R.A.No.223 of 2015 dated 30.05.2017, the claim of the

https://www.mhc.tn.gov.in/judis W.P.No.4835 of 2014

employees were considered by the Hon'ble Full Bench of this Court. The

said judgment was taken by way of an appeal by the respondents therein

before the Hon’ble Supreme Court of India and the judgment of the Full

Bench in the Review Application has been stayed by the Apex Court in

Special Leave to Appeal (C).No.21935 of 2017. The appeal is pending as of

now.

3. This being the factum, the case of the petitioners are to be

considered only after the final disposal of the appeal now pending before the

Hon’ble Supreme Court of India. It is needless to state that the judgment of

the Hon’ble Supreme Court to be passed is to be acted upon for the purpose

of considering the claim of the writ petitioners.

4. With these observations, the writ petition stands disposed of. No

costs.

10.06.2022

Index : Yes Speaking order:Yes kak

https://www.mhc.tn.gov.in/judis W.P.No.4835 of 2014

To

1.Commissioner of Municipality, VI th Floor, Chepauk, Chennai.

2.Assistant Commissioner of Municipality, Coimbatore Division, Kumaran Commercial Complex, Tiruppur, Coimbatore District.

3.The Executive Officer, Kurichi IIIrd Grade Municipality, Pothanur, Coimbatore – 23.

https://www.mhc.tn.gov.in/judis W.P.No.4835 of 2014

S.M.SUBRAMANIAM, J.

kak

W.P.No.4835 of 2014

10.06.2022

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