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2009 DIGILAW 819 (MAD)

D. Srinivasan v. The Executive Officer & Another

2009-03-26

R.BANUMATHI

body2009
Judgment Petitioner seeks Writ of Certiorarified Mandamus to quash the orders of the 1st Respondent in Na.Ka.No.138/2002 dated 06.07.2002 and direct the 1sr Respondent to regularise the services of the Petitioner as tractor driver of Acharapakkam Town Panchayat. 2. Petitioner was appointed as Sanitary Worker in a permanent vacancy w.e.f. 110. 1999. Since Petitioner had possessed driving licence, 1st Respondent has appointed the Petitioner from the post of Sanitary Worker to the post of Tractor Driver on a consolidated pay and permitted the Petitioner to drive the vehicle from 012. 1999 and the same was entered in the Service Register of the Petitioner. Petitioner has been working as driver since 012. 1999. 3. Post of Tractor Driver was created in the 1st Respondent – Town Panchayat on 01. 1999 by the Director of Town Panchayats, Chennai in his Proceedings Na.Ka.No.5772/2000/A3 dated 33. 2000 in the scale of pay of Rs.3200-85-4900 during the year 1999-2000. 4. Petitioner had applied to appoint him as Tractor Driver in the year 2000. Since his request was not considered, Petitioner filed O.A.No.5468/2001 before TAT. By the order dated 38. 2001, TAT directed the Respondent to consider the request of the Petitioner within a period of four weeks and pass orders. The said order was not implemented since Government banned new appointment by passing G.O.Ms.No.212. 5. Ban was now lifted by the Government. Subsequent to lift of ban, Petitioners application was taken for consideration. In the counter filed by the 1st Respondent on 08. 2007, it was stated that request of the Petitioner for appointment in the post of Tractor Driver can be considered by 1st Respondent – Town Panchayat. 6. In the counter filed on 27. 2008, first Respondent – Town Panchayat had deviated from its earlier stand. It is averred that in G.O.Ms.No.23 Municipal Administration and Water Supply Department dated 03. 1998, it was ordered that driver post in the Town Panchayat have to be filled up by giving promotion to the Regular Office Assistants and in case no Office Assistants are available, post of driver has to be filled up by appointing the NMRs/Daily wages working in the Town Panchayat concerned. 7. Relevant clause of G.O.Ms.No.23 Municipal Administration and Water Supply Department dated 03.03.1998 reads as under:- 8. 7. Relevant clause of G.O.Ms.No.23 Municipal Administration and Water Supply Department dated 03.03.1998 reads as under:- 8. According to the 1st Respondent – Town Panchayat, Petitioner is working as Sanitary Worker on permanent basis and the said G.O. did not satisfy that Sanitary Worker can be considered for promotion and appoint as Tractor Driver and therefore, Petitioner is not eligible for appointment as Tractor Driver as per the said G.O.Ms.No.23 Municipal Administration and Water Supply Department dated 03. 1998. 9. As pointed out earlier, Petitioner has been working as Tractor Driver from 012. 1999 and the same was also entered in his Service Register on 10. 2000. First Respondent has stated that Petitioner and 2nd Respondent have been working as Tractor Driver only as temporary arrangement. Though, G.O.Ms.No.23 Municipal Administration and Water Supply Department dated 03. 1998 stipulates for giving promotion to regular Office Assistants, there is no impediment from considering the case of Sanitary Worker. After all, Petitioner has been working as Tractor Driver in the tractor engaged for collection of garbage and waste. On instruction, learned counsel for the 1st Respondent submitted that there is no qualified Office Assistant available for giving promotion as a Tractor Driver. 10. From the appointment order Na.Ka.No.122/2006 dated 37. 2006 regularising the services of Petitioner and 2nd Respondent, it is seen that Petitioner is Senior. In such circumstances, 1st Respondent is not right in saying that Petitioners name cannot be considered. 11. In the result, the Writ Petition is allowed with a direction to the 1st Respondent to consider the case of the Petitioner and regularise the services of the Petitioner as tractor driver of 1st Respondent – Acharapakkam Town Panchayat within a period of eight weeks from the date of receipt of copy of this order. No costs.