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The Commissioner vs G.Vadivelu ... 1St Petitioner In ...
2025 Latest Caselaw 948 Mad

Citation : 2025 Latest Caselaw 948 Mad
Judgement Date : 15 July, 2025

Madras High Court

The Commissioner vs G.Vadivelu ... 1St Petitioner In ... on 15 July, 2025

Author: R.Subramanian
Bench: R.Subramanian
                                                                                      W.A.Nos. 3495 & 3497 of 2024
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 15.07.2025
                                                          CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                   AND
                                    THE HONOURABLE MR.JUSTICE K.SURENDER

                                           W.A.Nos. 3495 & 3497 of 2024
                                                       and
                                         C.M.P.Nos. 27176 & 27190 of 2024

                     The Commissioner,
                     Villupuram Municipality,
                     Villupuram.                                                 ...Appellant in both appeals
                                                               Vs.

                     1.G.Vadivelu                           ... 1st Petitioner in W.A.No. 3495 of 2024

                     1. S.Krishnamoorthy                    ... 1st Petitioner in W.A.No. 3497 of 2024

                     2.Government of Tamil Nadu,
                      Rep. By its Secretary to Government,
                      Municipal Administration &
                     Water Supply Department,
                      Fort St.George, Chennai – 600009.

                     3.The Director,
                      Commissioner of Municipal Administration,
                      Raja Annamalaipuram,
                      Chennai.                         ... Respondents 2 & 3 in both appeals

                     Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent,
                     against the order dated 01.02.2024 made in W.P.Nos. 16591 & 16605 of
                     2021.


                     1/6




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 17/07/2025 06:03:19 pm )
                                                                                            W.A.Nos. 3495 & 3497 of 2024
                                        For Appellant         : Mr.P.Kumaresan
                                                               Additional Advocate General assisted by
                                                                Mr.P.Dineshkumar in both appeals
                                        For Respondents : Ms.A.Pramila for R1 in WA/3495/2024
                                                                Mr.V.Jayaprakash Narayanan for R1
                                                                                 In WA/3497/2024
                                                                Mr.P.Anandhakumar
                                                                Government Advocate for R2 & R3
                                                                       In both appeals




                                                   COMMON JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

We do not find any merit in the appeal. The petitioners, who are

working as Overhead Tank Operators in Panchayats, which are annexed

with Villupuram Municipality sought for regularization.

2. The learned single Judge took note of the previous judgments on

the subject, including the judgment of the Division Bench of this Court in

the Commissioner, Corporation of Chennai Vs. the Principal Secretary to

Government in W.A.No.1615 of 2018 dated 23.11.2023 and held that

similar benefits have been conferred on employees working in Panchayats,

which were annexed with Corporation. The learned single Judge took of the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 06:03:19 pm ) W.A.Nos. 3495 & 3497 of 2024 fact that the judgment of the Division Bench dated 23.11.2023 referred

above was confirmed by the Hon'ble Supreme Court in SLP(Civil) Diary

No.32071 of 2024 on 27.09.2024. Another Division Bench of this Court, to

which, one of us (Hon'ble Mr.Justice R.Subramanian) was a party in

M.Shanmugam and Others Vs. Government of Tamil Nadu and others

reported in 2023 (1) CWC 495 has also passed orders regularizing the

services of the daily wage employees working in Panchayat Unions.

3. In the appeals on hand, it is seen that the 1st respondent in both the

appeals continued to work as Overhead Tank Operators under the

Municipality. It is stated that consequent upon the merger of the Panchayat

Unions with the Municipality, Government Orders have been passed

granting consolidated wages to the persons, who had worked as Overhead

Tank Operators in the Municipality. Payment of consolidated wages by

itself cannot be a supplement to regularization. Admittedly, it is stated

that the respondents have been working in the Panchayats and thereafter,

working in the Municipality for more than 2 ½ decades. Therefore, they

would definitely be entitled to the benefit of regularization.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 06:03:19 pm ) W.A.Nos. 3495 & 3497 of 2024

4. In view of the judgment of the Division Bench referred to supra,

we do not see any reason to interfere with the order of the learned single

Judge. These Writ Appeals therefore, fail and they are accordingly,

dismissed. No costs. Consequently, connected miscellaneous petition are

closed.

                                                                                       (R.S.M., J.)    (K.S., J.)
                                                                                              15.07.2025
                     kkn

                     Internet: No
                     Index: No
                     Speaking/Non-speaking order
                     Neutral Citation : No









https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 17/07/2025 06:03:19 pm )
                                                                                     W.A.Nos. 3495 & 3497 of 2024
                     To:-

                     1.The Commissioner,
                      Villupuram Municipality,
                      Villupuram.

                     2.The Secretary to Government,
                      Government of Tamil Nadu,
                      Municipal Administration &
                           Water Supply Department,
                      Fort St.George, Chennai – 600009.

                     3.The Director,

Commissioner of Municipal Administration, Raja Annamalaipuram, Chennai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 06:03:19 pm ) W.A.Nos. 3495 & 3497 of 2024 R.SUBRAMANIAN, J.

and K.SURENDER, J.

KKN

W.A.Nos. 3495 & 3497 of 2024 and C.M.P.Nos. 27176 & 27190 of 2024

15.07.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 06:03:19 pm )

 
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