Madras High Court
K.Sekar vs The Government Of Tamil Nadu on 12 April, 2023
W.A.No. 1901 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A.No.1901 of 2022
1.K.Sekar
2.S.Arivazhagan
3.C.Boopalan
4.V.Rukkumanathan .. Appellants
Versus
1.The Government of Tamil Nadu
Rep by the Principal Secretary
Municipal Administration & Water
Supply Department
Secretariat
Chennai – 600 009
2.The Director of Town Panchayats
Chennai – 600 028
3.The District Collector
Inspector of Panchayats
Tiruvallur District
Tiruvallur
4.The Assistant Director of Town Panchayats
Tiruvallur District
Tiruvallur
1/6
https://www.mhc.tn.gov.in/judis
W.A.No. 1901 of 2022
5.The Executive Officer
Tirunindravour Town Panchayat
Tirunindravour
Tiruvallur District – 602 024 .. Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 22.02.2022 made in W.P.No.21150 of 2021.
For Appellant : Mr.A.R.Suresh
for M/s.J.Muthukumaran
For Respondents : Mr.Stalin Abhimanyu for R1-R5
Additional Government Pleader
JUDGMENT
(Judgment of this court was delivered by R. MAHADEVAN, J)
Assailing the order dated 22.02.2022 passed by the learned Judge in
W.P.No.21150 of 2021, the writ petitioners have preferred this writ appeal.
2. According to the appellants, they joined as NMR workers on daily wage
basis in Tiruninravur Town Panchayat on 10.03.1998, 01.08.2001, 01.08.2001
and 01.04.2013 respectively, for doing the work of Overhead Tank Operators
and Head House Pumping Operators. The appellants have put in 20 years of
service and are now, getting consolidated monthly wages of Rs.8500/- and that,
they are entitled for regularization once they have completed 10 years of service,
https://www.mhc.tn.gov.in/judis
W.A.No. 1901 of 2022
in the light of G.O.Ms.No.74, Personnel and Administrative Reforms (F)
Department dated 27.06.2013. In this regard, they have submitted
representations dated 12.07.2021 to regularize their services from the date of
their respective initial appointment, but the same were not considered.
Therefore, the appellants have filed WP.No.21150 of 2021, which, by Order
dated 22.02.2022, was disposed of, by the learned Judge, with the following
observation and direction:
“8. Admittedly, in the case on hand, the petitioners are
working as Overhead Tank Operators and Head House Pumping
Operators on a consolidated monthly wages of Rs.8,500/- in a non-
sanctioned post and since the petitioners have not satisfied the
criteria for regularization, as stipulated in G.O.Ms.No.74 P&AR
(F) Department dated 27.06.2013, the respondents have rejected
the claim of the petitioners for regularization. In view of the settled
legal position as laid down in the decisions cited supra, this Court
does not find any merit in the writ petition.
9. However, taking into sympathetic consideration of the
fact that the petitioners had put in 20 years of service as Overhead
Tank Operators and Head House Pumping Operators and though it
is stated by the respondents that their working hours is only for 3 to
4 hours daily, they are paid consolidated pay of Rs.8,500/- per
month, which on the present economic conditions, appears to be
very minimal. Therefore, this court permits the petitioners to
submit a fresh representation to the first respondent seeking
enhancement of wages within a period of two weeks from the date
of receipt of a copy of this order and on such representation being
filed, the first respondent is directed to consider the claim of the
petitioners and similarly placed persons for enhancement of wages
and pass orders in accordance with law, as expeditiously as
possible, within a period of six months thereafter.”
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W.A.No. 1901 of 2022
Aggrieved by the same, the appellants have come up with this writ appeal.
3. When the matter was taken up for consideration, this court asked a
pertinent question to the learned counsel for the appellants, whether the rejection
order as mentioned in paragraph no.8 of the order impugned herein, has been
tested, to which, it was replied by the learned counsel for the appellants that the
appellants have not been served with a copy of the said order passed by the
respondent authorities and they are completely at dark. However, the learned
counsel for the appellants fairly submitted that it would suffice, if the appellants
are granted liberty to challenge the said rejection order in the manner known to
law, for which, the learned Additional Government Pleader appearing for the
respondent authorities has no serious objection.
4. In view of the above, this Court, without going into the merits of the
case, directs the respondent authorities to serve a copy of the rejection order, if
not served earlier, to the appellants, within a period of two weeks from the date
of receipt of a copy of this Judgment. On receipt of the same, it is open to the
appellants to take steps to challenge the same, in the manner known to law, if so
advised.
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W.A.No. 1901 of 2022
5. Accordingly, this writ appeal stands disposed of. No costs.
(R.M.D., J.) (M.S.Q., J.)
12.04.2023
dhk
Internet : Yes
Index : Yes/No
To
1.The Principal Secretary
The Government of Tamil Nadu
Municipal Administration & Water
Supply Department
Secretariat
Chennai – 600 009
2.The Director of Town Panchayats
Chennai – 600 028
3.The District Collector
Inspector of Panchayats
Tiruvallur District
Tiruvallur
4.The Assistant Director of Town Panchayats
Tiruvallur District
Tiruvallur
5.The Executive Officer
Tirunindravour Town Panchayat
Tirunindravour
Tiruvallur District – 602 024
https://www.mhc.tn.gov.in/judis
W.A.No. 1901 of 2022
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
dhk
W.A.No. 1901 of 2022
12.04.2023
https://www.mhc.tn.gov.in/judis
