Ramesh v. The Commissioner Tiruppathur Municipalities Vellore District & Another
2008-08-20
R.BANUMATHI
body2008
DigiLaw.ai
Judgment :- Petitioner seeks writ of certiorarified mandamus to quash the proceedings in ROC.5709/2001/H1 dated 212. 2002, and to direct the 1st Respondent to appoint the Petitioner as a sanitary employee or any other post in its Municipality. 2. Petitioner was registered in Alangayam employment office in 1989 as No.3307/89. The Petitioner was temporarily employed in Health Department of the Respondent Municipality on daily wages basis by proceedings Na.Ka.H1/6653/1992 dated 24.08.1992. The grievance of the Petitioner is that though he was working for considerable number of years, his service was not regularized. The services of the Petitioner along with 15 other employees was terminated by the Municipality. According to the Petitioner he is entitled to be appointed as per G.O.Ms.No.125 dated 27.05.1999. 3. The case of the Petitioner is that his junior by name Murali was appointed as sanitary assistant and that a preferential treatment was given to the said Murali. Further grievance of the Petitioner is that his juniors has been appointed and that without any justification Petitioner have been over looked and therefore as per G.O.Ms.No.125 dated 27.05.1999 the Petitioner seeks appropriate direction. 4. The Respondent Municipality has filed counter stating that the Petitioner could not be accomodated temporarily for daily wages for want of vacancies in the Municipality. According to the Respondent / Muncipality the said Murali was qualified in driving and therefore he was appointed as driver by applying G.O.Ms.No.125 dated 27.05.1999. No objection could be raised for appointment of qualified person. The Municipality has further averred that no senior employees were overlooked. 5. Petitioner was appointed as Malaria mazdoor on a daily wages basis in Na.Ka.No.H1/6653/92 dated 24.08.1992. Services of the Petitioner along with 15 others was terminated on 31.01.1995. The Government has passed G.O.Ms.No.125 dated 27.05.1999 issuing directions to accommodate the daily wage labourers initially on a consolidated pay of Rs.2000/- and thereafter to regularize their services. 6. The G.O reads as:- 7. There is no denying that applying G.O.Ms.No.125 dated 25.07.1999, some of the daily wages employees were appointed. One Murali was also appointed as driver. 8. The learned counsel for the Petitioner Mr. V. Raghavachari, submitted that when G.O.Ms.No.125 dated 27.05.1999 was applied in respect of the daily wages employees. The Petitioner could also be entitled to be considered by applying G.O.Ms.No.125 dated 27.05.1999. Proceedings of the 1st Respondent in Na.Ka.No.1/6653/92 dated 28.
One Murali was also appointed as driver. 8. The learned counsel for the Petitioner Mr. V. Raghavachari, submitted that when G.O.Ms.No.125 dated 27.05.1999 was applied in respect of the daily wages employees. The Petitioner could also be entitled to be considered by applying G.O.Ms.No.125 dated 27.05.1999. Proceedings of the 1st Respondent in Na.Ka.No.1/6653/92 dated 28. 1992 contains list of about 16 persons who were terminated. Petitioner is listed as Sl.No.16. Learned counsel for the Petitioner has submitted that all other persons (except Sl.No.15 J. Thirupathy, said to have been joined in the Judicial Ministerial Services) have been accommodated either in the first Respondents Municipality or in some other Municipality/Panchayat and only the Petitioner is yet to be accommodated. 9. Learned Additional Government Pleader Mrs. Bhavani Subbarayan, for the Respondents has submitted that pursuant to the direction of the court, one post of Office Assistant has also been kept vacant. 10. As per G.O.Ms.No.125 dated 25. 1999, sanitary worker is to be initially appointed on consolidated pay of Rs.2,000/-for a period of one year and thereafter, his services are to be regularized. 11. Service of the Petitioner was terminated way back in 1992. Writ Petition itself is of the year 2005. Petitioner is also said to be aged more than 35 years. Under such circumstances, Respondents are directed to appoint him to the post which has been kept vacant pursuant to the direction of the Court. 12. In the result, this Writ Petition is allowed. Applying the G.O.Ms.No.125 Dated 25. 1999, Respondents are directed to appoint the Petitioner in the post that has been kept vacant within a period of eight weeks from the date of receipt of a copy of this Order. No costs. Connected miscellaneous petition is closed.