IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21/04/2006
Coram
The Hon'ble Mr.Justice N.PAUL VASANTHAKUMAR
Writ Petition No.28903 of 2005
W.P.M.P.Nos.11039, 11044 of 2006
P. Ramasamy ... Petitioner
-Vs-
1. The State of
Tamil Nadu,
rep.by the Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George,
Chennai 600 009.
2. The Commissioner,
Municipal Administration,
Chepauk,
Chennai 600 005.
3. The Executive Officer,
Third Grade Municipality,
Ariyalur,
Perambalur District. ... Respondents
This writ petition has been filed under Article 226 of Constitution of
India, praying this Court to issue a writ of mandamus directing the second
respondent to regularise the services of the petitioner and consequently grant
him scale of pay from the date of completion of 48 0 days of service in two
years with arrears and attendant benefits and award cost.
!For Petitioner : Mr.D.Hariparanthaman
For Respondents 1&2 : Mrs.D.Malarvizhi,
Government Advocate
For 3rd Respondent : Mr.P.S.Jayakumar
:O R D E R
By consent of both sides, the writ petition itself is taken up for
final disposal.
2. Prayer in the writ petition is to direct the second respondent
to regularise the services of the petitioner and consequently grant him scale
of pay from the date of completion of 480 days of service in two years with
arrears and attendant benefits.
3. Petitioner was appointed as Fitter on 22.6.1991 on daily
wages, monthly paid basis in the Tamil Nadu Water Supply and Drainage Board in
the Ariyalur Water Supply Scheme till completion of the scheme. After that,
the maintenance staff were handed over to the Ariyalur Town Panchayat on
20.2.1992 and the petitioner was also transferred to the Ariyalur Town
Panchayat and he has been continuously working as daily wage worker.
According to the petitioner, the Ariyalur Town Panchayat was upgraded as
Municipality on 27.10.2004. The Government issued G.O.Ms.No.125 dated
27.5.1999 to regularise the services of all the NMRs appointed prior to
1.10.1996 in the Town Panchayats. The said Government Order says that the
services of such NMRs are to be regularised at the entry level posts initially
for a period of one year and they have to be paid a sum of Rs.2,000/- per
month as consolidated salary and after completion of one year, they have to be
given time scale of pay.
4. Learned counsel for the petitioner submits that Fitter post (
entry level post) is available in the third respondent Town Panchayat, now
upgraded as Municipality and based on G.O.Ms.No.125, petitioner’s services are
to be regularised from 27.5.1999 and he is entitled to get the salary of
Rs.2,000/- per month for one year and from 27.5.2000, he shall be paid the
time scale of pay.
5. In fact, I have allowed a similar writ petition in
W.P.No.37676 of 2004 by order dated 17.4.2006 (C.Bosco Raj and 24 others v.
Director of Municipal Administration, Chennai and another). Following the
said judgment and in compliance with G.O.Ms.No.125 dated 27.5.1999, I hold
that the petitioner herein is entitled for regularisation with effect from
27.5.1999.
6. In the result, the third respondent is directed to regularise
the services of the petitioner from 27.5.1999 and pay him time scale of pay
from 27.5.2001. The arrears of salary payable to the petitioner shall be
worked out and paid to him within a period of six weeks from the date of
receipt of copy of this order.
7. The learned counsel for the petitioner submitted that from
27.5.1 999, the petitioner has been paid daily rated salary, which may be
higher than Rs.2,000/-. The salary already paid as daily wage, over and above
Rs.2,000/-, if any, shall not be recovered.
8. The writ petition is ordered accordingly. No costs.
Connected WPMP is closed.
To
1. The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George, Chennai 600 009.
2. The Commissioner, Municipal Administration,
Chepauk, Chennai 600 005.
3. The Executive Officer, Third Grade Municipality,
Ariyalur, Perambalur District.