Madras High Court
R.Bharathi vs The Government Of Tamil Nadu on 7 March, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.1883 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2025
CORAM
THE HONOURABLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.1883 of 2025
1.R.Bharathi
2.K.Muthu
3.Revathi
4.M.Bannari
5.M.Annadurai
6.A.Kumar
7.M.Manikandan
8.K.Govindaraj
9.K.Sivaraj
10.K.Ramathammal ... Petitioners
Vs
1.The Government of Tamil Nadu
Rep. by Secretary to Government
Municipal Administration and Water Supply Department
Fort St. George, Chennai 600 009
2.The Director of Municipal Administration
Directorate of Municipal Administration
M.R.C.Nagar, R.A.Puram
Chennai 600 028
3.The Commissioner
Coimbatore City Municipal Corporation
Town Hall, Coimbatore 641 001 ... Respondents
1/7
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W.P.No.1883 of 2025
Writ Petition filed under Article 226 of the Constitution of India praying for
issuance of a writ of mandamus directing the respondents herein to extend the
benefits of G.O.(2D) No.64 Municipal Administration and Water Supplies (MC-3)
Department dated 08.08.2019 and G.O.(2D) No.68 Municipal Administration and
Water Supplies (MC-3) Department dated 27.08.2019 and in the light of the
Division Bench judgment in W.A.No.1615 of 2018 dated 23.11.2023 by
regularising the services of the petitioners on completion of 3 years of service
from the date of their original appointment with all consequential service and
monetary benefits, within a time-frame as fixed by this Court.
For Petitioners : Mr.A.Prakash
For RR1 and 2 : Mr.C.Selvaraj
Additional Government Pleader
For R3 : No appearance
ORDER
This writ petition has been filed in the nature of a mandamus seeking a
direction against the respondents to extend the benefits of G.O.(2D) No.64
Municipal Administration and Water Supplies (MC-3) Department dated
08.08.2019 and G.O.(2D) No.68 Municipal Administration and Water Supplies
(MC-3) Department dated 27.08.2019. The petitioner placed reliance on the
observations of the Division Bench of this Court in W.A.No.1615 of 2018 dated
23.11.2023. The petitioners claim that their services should be regularised on
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completion of three years of service from the date of original appointment and
consequential srevice and monetary benefit should be extended to them.
2. In the affidavit filed in support of the writ petition, it had been contended
that the writ petitioners had been appointed in Vadavalli Town Panchayat at
Coimbatore District as Sanitary Workers in various years between 1998 and 2008.
They have been continuously working for several years. At that time, the
Government introduced G.O.Ms.No.199, Municipal Administration and Water
Supply Department, dated 12.08.1997, for appointment of new employees. There
was a further G.O. in G.O.Ms.No.64, Municipal Administration and Water Supply
Department, dated 08.08.2019, with respect to regularisation of services in Greater
Chennai Corporation and a portion of paragraph 13 of said G.O. was subsequently
amended vide G.O.Ms.No.68 dated 27.08.2019.
3. While so, W.P.No.13455 of 2013 was filed by a set of NMR workers
seeking a mandamus directing the respondents to bring them into time scale of pay
by regularizing their services taking into account their original date of
appointment, in the light of G.O.Ms.No.199, Municipal Administration and Water
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Supplies Department, dated 12.08.1997 and G.O.Ms.No.84, Municipal
Administration and Water Supplies Department, dated 21.05.1998 and the
Judgment of the Division Bench of this Court passed in W.A.No.47 and 385 of
2010 dated 23.6.2010 with all consequential service and monetary benefits. The
said writ petition was allowed by order dated 04.06.2013, challenging which, the
State filed a writ appeal in W.A.No.1615 of 2018 which was dismissed by a
Division Bench vide judgment dated 23.11.2023.
4. When things stood thus, some similarly placed persons filed
W.P.Nos.3295 of 2024 etc. batch (C.Seenu and Others Vs. The Principal
Secretary to Government, Fort St. George, Chennai and Others) seeking
extension of benefits of G.O.Ms.No.64, supra, in the light of the judgment of the
Division Bench of this Court in W.A.No.1615 of 2018. The said batch of writ
petitions was disposed of by a learned Single Judge by directing the respondents
therein to consider the case of the petitioners therein in the light of G.O.Ms.No.64
and 68, supra.
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5. In the case of The Commissioner, Corporation of Chennai and Another
Vs. The Principal Secretary to Government, Municipal Administration and
Water Supplies Department, Fort St. George, Chennai (W.A.No.1615 of 2018
decided on 23.11.2023), the Division Bench had held as follows :
“17. ... ... The needful as indicated above i.e., bringing them under
regular time scale of pay by regularising their services by the appellant
Corporation in respect of the remaining 7 employees are concerned, such a
needful should be undertaken by the appellant Corporation within a period
of twelve (12) weeks from the date of receipt of a copy of this judgment and
accordingly the service benefits including the monetary benefits shall be
extended to them as in the case of other similarly placed persons who
received the similar benefits already.”
6. The relief granted would also accrue to the petitioners herein and the
petitioners must be accorded with service benefits, including the benefits like
similarly placed persons who have received same benefitis already. The entire
exercise must be underaken by the respondents within a period of twelve weeks
from the date of receipt of a copy of this order.
With the above direction, this writ petition stands allowed. No costs.
07.03.2025
gya (2/2)
Index : Yes/No
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Neutral Citation : Yes/No
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C.V.KARTHIKEYAN, J.
gya
To
1.The Secretary to Government
Municipal Administration and Water Supply Department
Fort St. George, Chennai 600 009
2.The Director of Municipal Administration
Directorate of Municipal Administration
M.R.C.Nagar, R.A.Puram
Chennai 600 028
3.The Commissioner
Coimbatore City Municipal Corporation
Town Hall, Coimbatore 641 001 W.P.No.1883 of 2025
07.03.2025
(2/2)
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