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2006 DIGILAW 1146 (MAD)

P. Ramasamy v. The State of Tamil Nadu, Rep. by the Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009. & Others

2006-04-21

N.PAUL VASANTHAKUMAR

body2006
Judgment :- (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 480 days of service in two years with arrears and attendant benefits and award cost.) 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). 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 27.5.1999, 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.