Madras High Court
R. Somasundaram vs The Commissioner on 16 August, 2023
W.P.No.27268 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.27268 of 2021
R. Somasundaram ... Petitioner
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
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 1 st respondent submitted in his letter
Na.Ka.11496/2020/MC-9 dated 08.02.2021 in the light of the orders passed
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W.P.No.27268 of 2021
by the Hon'ble Division Bench in W.A.No.2833 of 2013 dated 13.08.2019
and the orders already passed by the 3rd respondent in G.O.(2D) No.30
MAWS Department dated 29.07.2021 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.11496/2020/MC-9, dated 08.02.2021 and directing
the third respondent to regularise the service of the petitioner as Driver 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.
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W.P.No.27268 of 2021
2. The petitioner is working as a Driver in Coimbatore City Municipal
Corporation. He was initially appointed on daily wage basis in Vellakinaru
Town Panchayat. While so, he was 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 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 service of the petitioner as Driver.
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W.P.No.27268 of 2021
3. When the matter stood thus, the first respondent, vide letter dated
19.07.2021, rejected the petitioner's request for absorption to the existing
vacancy of Driver on the ground that there is no provision for regularisation of
daily wage/consolidated pay employees in the post of Driver 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
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
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W.P.No.27268 of 2021
for a direction to the third respondent to regularise the service of the petitioner
as Driver 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
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 one K.M.Duraisamy from 23.06.2006. Hence he
prayed that similar orders shall be issued to the petitioner 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.
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W.P.No.27268 of 2021
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.
16.08.2023
Index: Yes/No
Speaking/Non-speaking Order
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W.P.No.27268 of 2021
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.
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W.P.No.27268 of 2021
J. SATHYA NARAYANA PRASAD, J.
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16.08.2023
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