Madras High Court
The Commissioner vs K.Senthilkumar on 6 June, 2023
W.A.(MD) No.540 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD) No.540 of 2023
and
C.M.P.(MD) No.5454 of 2023
The Commissioner
Kayalpattinam Municipality
Kayalpattinam, Tuticorin District ... Appellant
-vs-
1.K.Senthilkumar
2.The Secretary to Government
Municipal Administration &
Water Supply Department
Fort St.George, Chennai-9
3.The Managing Director-cum-
Commissioner of Municipal Administration
Ezhilagam, Chepauk, Chennai-5
4.The Regional Director
Municipal Administration Department
Tiruvananthapuram Road
Palayamkottai, Tirunelveli-2
5.S.Hemanth Prabhu ... Respondents
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W.A.(MD) No.540 of 2023
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 12.04.2022, passed in W.P.(MD) No.58 of 2016, on the file of this
Court.
For Appellant : Mr.J.Ashok
For Respondents : Mr.V.Karthikeyan for R1
Mr.V.Nirmal Kumar
Government Advocate for R2 to R4
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
This is an unnecessary writ appeal. The appellant has, in his
proceedings bearing Na.Ka.No.110/2012/A1, dated 24.01.2013, acknowledged
the fact that the first respondent / writ petitioner had worked in Tiruchendur
Panchayat Union between 08.08.1996 to 31.03.2005 and has been working
from 01.04.2005 till 24.01.2013 in appellant – Municipality, on the basis of
the resolutions of the Municipality passed once in three months. Taking into
consideration such a long uninterrupted service and the fact that the first
respondent has worked without pay, the Writ Court had directed
regularization of his service. It is also on record that the services of the other
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W.A.(MD) No.540 of 2023
similarly placed persons have been regularized in the other Municipalities.
Having recommended the case of the first respondent for absorption, the very
same Commissioner has now chosen to file this appeal against the directions
issued by the Writ Court. We are unable to appreciate the conduct of the
appellant – Municipality. Hence, this writ appeal fails and it is accordingly
dismissed.
2. There will be a direction the appellant – Municipality to
calculate the salary of the first respondent from September, 2022 till date and
pay the same to him, within a period of six weeks from the date of receipt of a
copy of this order. The order of the Writ Court regarding maintenance of
status quo till regularization of the first respondent's service shall be complied
with in its letter and spirit. No costs. Consequently, connected miscellaneous
petition is closed.
[R.S.M., J.] [L.V.G., J.]
06.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.540 of 2023
To:
1.The Secretary to Government,
Municipal Administration &
Water Supply Department,
Fort St.George, Chennai-9.
2.The Managing Director-cum-
Commissioner of Municipal Administration,
Ezhilagam, Chepauk, Chennai-5.
3.The Regional Director,
Municipal Administration Department,
Tiruvananthapuram Road,
Palayamkottai, Tirunelveli-2.
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W.A.(MD) No.540 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
krk
W.A.(MD) No.540 of 2023
and
C.M.P.(MD) No.5454 of 2023
06.06.2023
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https://www.mhc.tn.gov.in/judis
