Madras High Court
K. Rajendran vs The Commissioner on 16 August, 2023
W.P.No.26843 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.26843 of 2021
and WMP.No.28294 of 2021
1. K. Rajendran
2. K. Thangaraj
3. R. Palanisamy
4. P. Murugan
5. K.M.Duraisamy ... Petitioners
Vs
1. The Commissioner
Coimbatore City Municipal Corporation,
Coimbatore – 641 001.
2. The Commissioner of Municipal Administration
No.75, Santhome High Road,
MRC Nagar, Chennai 600 028.
3. The Secretary to Government
Municipal Administration and Water Supply Department
Secretariat, Fort St.George,
Chennai 600 009. ...
Respondents
Page No.1 of 8
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W.P.No.26843 of 2021
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of mandamus directing the 3 rd respondent to pass
appropriate orders on the proposal of the 1st respondent sent through the 2nd
respondent in Na.Ka.No.114906/2020/MC9 dated 08.02.2021, based on the
Resolution in Na.Ka.No.114906/2020/MC9 dated 08.02.2021, based on the
Resolution of the Coimbatore City Municipal Corporation Council to
regularise the services of the petitioners as Water Supply Workers in the
Coimbatore City Municipal Corporation, as it was done by the 3rd respondent
to Thiru.S.Dharmaraj in GO (2D) No.30 MAWS Department dated
29.07.2021 and to the 10 contingent employees working on daily wages in
the Coimbatore City Municipal Corporation as Skilled Assistants Grade II in
the time scale of pay relaxing the Rules relating to the method of
appointment, age limit and communal rotation, in GO(D)No.363 MAWS
Department dated 11.09.2018, within a reasonable period as may be fixed by
this Court.
For Petitioner : Mr.T.Ranganathan
For Respondents : Mr.K.Magesh for R1
Mrs.C.Meera Arumugam
Addl.Govt. Pleader for R2 & R3
ORDER
This writ petition has been filed challenging the order passed by the
first respondent in Na.Ka.114906/2020/MC9, dated 08.02.2021 and directing
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W.P.No.26843 of 2021
the third respondent to regularise the service of the petitioners Water Supply
Workers in the Coimbatore City Municipal Corporation, as it was done by the
third respondent to Thiru.S.Dharmaraj vide G.O.(2D).No.30 MAWS
Department dated 29.07.2021 and to the 10 contingent employees working
on daily wages in the Coimbatore City Municipal Corporation as Skilled
Assistants Grade - II in the time scale of pay relaxing the Rules relating to the
method of appointment, age limit and communal rotation, in G.O.(D).No.363,
MAWS Department, dated 11.09.2018, within a reasonable period.
2. The petitioners are working as Water Supply Workers in Coimbatore
City Municipal Corporation. They were initially appointed on daily wage
basis in various Town Panchayats. While so, they were absorbed in the
Coimbatore City Municipal Corporation by virtue of G.O.(Ms).No.117,
MAWS Department dated 19.12.2012. The Coimbatore City Municipal
Corporation Council, in its meeting held on 18.03.2013, recommended to the
Government to regularise 52 employees appointed on daily wages and on
consolidated pay as against the posts sanctioned in G.O.(Ms).No.77, MAWS
Department (Election), dated 13.05.1988 with effect from 19.12.2012.
Accordingly, a proposal was recommended by the second respondent
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W.P.No.26843 of 2021
Commissioner of Municipal Administration to the first respondent
Government vide letter dated 18.09.2013, which was followed by another
proposal letter dated 27.11.2019. Thereafter, in response to the clarifications
sought by the Deputy Secretary to Government, MAWS Department, the City
Municipal Corporation furnished the complete service details of 26 employees
now working in Coimbatore City Municipal Corporation. Finding no
response, the Commissioner, Coimbatore City Municipal Corporation, once
again sent a letter dated 08.02.2021 seeking regularisation of services of the
petitioners as Water Supply Workers.
3. When the matter stood thus, the first respondent, vide letter dated
19.07.2021, rejected the petitioners request for absorption to the existing
vacancy of Water Supply Workers on the ground that there is no provision for
regularisation of daily wage/consolidated pay employees in the post of Driver
on par with the individuals regularised as per G.O.(Ms).No.363, Municipal
Administration and Water Supply Department, dated 11.09.2018.
4. Further, according to the petitioner, the said order of rejection has
not been communicated to him. According to him, the third respondent, vide
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W.P.No.26843 of 2021
G.O(2D).No.30, MAWS Department, dated 29.07.2021, has regularised the
service of one Dharmaraj, a water supply worker, who was initially appointed
in Saravanampatti Town Panchayat and subsequently, absorbed in the
Coimbatore City Municipal Corporation, pursuant to the directions of the
Hon'ble Division Bench of this Court vide Judgment dated 13.08.2019 in
W.A.No.2833 of 2018, whereas, the petitioner's case has been turned down
which is a clear discrimination.
5. Challenging the aforesaid order of rejection dated 19.07.2021 and
for a direction to the third respondent to regularise the service of the
petitioners as Water Supply Workers in the Coimbatore City Municipal
Corporation as was done in the case of Dharmaraj, this writ petition has been
filed.
6. The learned counsel for the petitioner submitted that the act of the
third respondent in regularising the services of Dharmaraj and rejecting the
proposal of the first respondent for regularising the service of the petitioner,
tantamount to selective discrimination. The Commissioner, Coimbatore City
Municipal Corporation, Coimbatore has already sent a revised proposal to the
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W.P.No.26843 of 2021
Government on 11.11.2021. During the pendency of the above writ petition,
the Government has issued orders in G.O.Ms.No.396, Municipal
Administration and Water Supply Department, dated 11.07.2023 for
regularising the service of the 5th petitioner/K.M.Duraisamy from 23.06.2006.
Hence he prayed that similar orders shall be issued to the petitioners 1 to 4
herein also.
7. The learned Standing Counsel appearing for the respondents 2 & 3
reiterated the stand taken by the third respondent in the impugned order and
prayed for dismissal of the writ petition.
8. Considering the facts and circumstances of the case, the third
respondent is directed to pass appropriate orders on the proposal sent by the
first respondent dated 11.11.2021 in the light of the G.O.Ms.No.396,
Municipal Administration and Water Supply Department, dated 11.07.2023
where a similar relief of regularisation was granted to S.Durairaj within a
period of eight weeks from the date of receipt of a copy of this order.
9. This writ petition is disposed of with the above directions. No costs.
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W.P.No.26843 of 2021
Consequently, connected miscellaneous petitions are closed.
16.08.2023
Index: Yes/No
Speaking/Non-speaking Order
dpq
To
1. The Commissioner,
Coimbatore City Municipal Corporation,
Coimbatore - 641001.
2. The Commissioner of Municipal Administration,
No.75, Santhome High Road,
M.R.C.Nagar, Chennai - 600028.
3. The Secretary to Government,
Municipal Administration and Water Supply Department,
Secretariat, Chennai - 600009.
https://www.mhc.tn.gov.in/judis
W.P.No.26843 of 2021
J. SATHYA NARAYANA PRASAD, J.
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W.P.No.26843 of 2021
16.08.2023
https://www.mhc.tn.gov.in/judis
