Pugalendhi vs The State Of Tamil Nadu
2023 Latest Caselaw 11745 Mad

Citation : 2023 Latest Caselaw 11745 Mad
Judgement Date : 4 September, 2023

Madras High Court

Pugalendhi vs The State Of Tamil Nadu on 4 September, 2023

                                                                        W.P.No.34426 of 2012

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 04.09.2023

                                                      CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              W.P.No.34426 of 2012

                     Pugalendhi                                         ...Petitioner

                                                       -Vs-

                     1. The State of Tamil Nadu,
                        Rep. by its Secretary to Government,
                        Municipal Administration &
                            Water Supply Department,
                        Fort St. George,
                        Chennai – 600 009.

                     2. The Commissioner of Municipal Administration,
                        Chepauk,
                        Chennai – 600 005.

                     3. The Commissioner,
                        Alandur Municipality
                        (Now merged as)
                        The Corporation of Chennai,
                        Rep. by its Commissioner,
                        Rippon Building,
                        Chennai.

                     4. The Assistant Commissioner,
                        Zone XII,
                        Corporation of Chennai,
                        Alandur, Chennai.                               ... Respondents


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                     Page 1 of 8
                                                                                W.P.No.34426 of 2012



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, to call for the
                     records in pursuant to the impugned order passed by the third respondent
                     in proceeding Na.Ka.No.5708/06/C.1 dated 30.06.2006 and quash the
                     same and consequently direct the respondents to regularize the service of
                     the petitioner on completion of 10 years of service from the date of initial
                     appointment on 01.04.1994 and place him in the regular time scale of
                     pay from the same date with consequential monetary benefits.

                                   For Petitioner     : Mr.R.Prem Narayan
                                                        For Mr.N.Naganathan
                                   For Respondents
                                    For R1 & R2    : Dr.T.Seenivasan
                                                     Special Government Pleader

                                    For R3 & R4       : Mr.S.Gopinath
                                                        Standing Counsel

                                                      ORDER

The writ petition has been filed to quash the order passed by

the third respondent dated 30.06.2006, and consequently direct the

respondents to regularize the service of the petitioner on completion of

ten years of service from the date of initial appointment on 01.04.1994

and place him in the regular time scale of pay from the same date with

consequential monetary benefits.

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W.P.No.34426 of 2012

2. The petitioner was initially appointed as NMR on

01.04.1994 on daily wages in the Alandur Municipality. Subsequently,

Alandur Municipality was merged with Chennai Corporation and was

made as Zone XII of the Chennai Corporation. Now the petitioner is

working as Revenue Assistant in the Zone XII, Chennai Corporation.

While being so, the government issued orders in G.O.Ms.No.22

Personnel and Administrative Reforms Department dated 28.02.2006,

thereby directing all the departments to regularize the services of the

daily wages employees working in all government departments who have

rendered ten years of service as on 01.01.2006. However, the third

respondent, by the impugned order, regularized the petitioner's service in

the post of Revenue Assistant with effect from 30.06.2006. Hence, the

petitioner filed the present writ petition with the above said prayer.

3. Heard the learned counsel appearing on either side and

perused the materials available on record.

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W.P.No.34426 of 2012

4. In similar matter, the Coonoor Municipality Workers

Welfare Association filed a writ petition before this Court in

W.P.No.18440 of 1998 for direction directing the respondents to absorb

and regularize the services of all the NMR workers. This Court by an

order dated 23.07.2001, directed the Municipality to consider their

request in accordance with G.O.Ms.No.125 Municipal Administration

and Water Supply Department dated 27.05.1999.

5. As per the subsequent government order in G.O.Ms.No.21,

Municipal Administration and Water Supply Department, dated

23.02.2006, the regularization of the service should take effect only from

the date of G.O and not from the date on which they had completed three

years of service from the date of their initial appointment. But, the

Association claims that the service ought to have been regularized from

the period of completion of three years from the date of original

appointment, as per the Judgment passed by this Court in

Rev.Aplc.(MD).No.87 of 2014 in W.A.(MD).No.729 of 2013 and batch,

dated 30.05.2017.

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W.P.No.34426 of 2012

6. It is also seen that the Hon'ble Full Bench of this Court by

an order dated 30.05.2017 in Rev.Aplc.(MD).No.87 of 2014 in

W.A.(MD).No.729 of 2013 and batch, in the matter of challenging the

G.O.Ms.No.101 dated 30.04.1997 and G.O.Ms.No.71 dated 05.05.1998,

held as follows:-

“ 29. In the result, Rev.Aplc.No.87 of 2014 is dismissed and Rev.Appl.Nos.223 and 254 of 2015 are allowed on the following terms:

(a) Persons employed as Sanitary Workers and covered by G.O.Ms.No.101 dated 30.04.1997 and G.O.Ms.No.71 dated 05.05.1998 are entitled to be regularized after the completion of the respective period under Consolidated Pay as specified in the Government Orders from the date of their initial appointment.

(b) Any orders passed by any Municipality regularizing the service based on G.O.Ms.No.21 dated 23.02.2006, Full Bench Judgment dated 29.11.2013 and G.O.Ms.No.166, dated 31.12.2014 shall be recalled and appropriate orders shall be passed as held above.”

7. Accordingly, those who were regularized as per

G.O.Ms.No.21 dated 23.02.2006 shall be recalled and appropriate orders

shall be passed. However, aggrieved by the above order, the respondents

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W.P.No.34426 of 2012

filed appeals before the Hon'ble Supreme Court of India and the same is

pending in S.L.P (Civil).Nos.19874 and 21249 of 2017 and also they

obtained an interim order of stay.

8. Considering the above facts and circumstances, the

respondents are directed to consider the case of the petitioner subject to

the result of the S.L.P (Civil).Nos.19874 and 21249 of 2017.

9. With the above directions, this Writ petition is disposed of.