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2011 DIGILAW 4276 (MAD)

A. Aruldoss v. Secretary Rural Development Department Government of TamilNadu

2011-10-18

N.KIRUBAKARAN

body2011
JUDGMENT : 1. The petitioners, who are working as daily labourers as Handpump fitter assistants in Kancheepuram Panchayat Union from 1983 onwards are before this Court challenging the rejection order passed by the second respondent by which, the petitioners claim for regularization of service as per G.O.Ms.No.55 dated 15.06.2006 was rejected. 2. The case of the petitioners is that they are working as daily labourers as Handpump fitter assistants in Kancheepuram Panchayat Union from 1983 onwards. Pursuant to the order passed by the Tamil Nadu Administrative Tribunal in O.A.No.10 of 2001, dated 04.01.2001, the Government passed the G.O.Ms.No.55,Rural Development and Panchayat Department, dated 15.06.2006 by which the daily labourers totaling to 933 persons would be appointed as Night Watchmen or Office Assistants in the Panchayat Union, on compliance of certain conditions. 3. According to the petitioners, they are qualified to be appointed as Night Watchmen or Office Assistants and in fact, the third respondent recommended to the fourth respondent giving details about the petitioners' service for regularization. In spite of that, the petitioners' service were not regularized. Therefore the petitioners filed writ petitions in W.P.Nos.15301 to 15304 of 2009 seeking a writ of Mandamus directing the respondents to regularize the petitioners service and to appoint them as Night Watchmen or Office Assistants which was disposed of by this Court on 04.08.2009. 4. Pursuant to the order passed by this Court, the second respondent passed an order dated 1.10.2009 rejecting the claim of the petitioners on the ground that the petitioners did not work as handpump fitter Assistants after 31.07.1997. The said order was challenged before this Court in W.P.Nos.24162 to 24165 of 2009 which was disposed of on 29.3.2010 holding that the petitioners were appointed in the year 1983 and were continuously working till 1997 under the fourth respondent and they satisfied the conditions stipulated in G.O.Ms.No.55, dated 15.06.2006. However, this Court finally directed the petitioners to produce the documents to show that they were in service from 1983 till the date. 5. Subsequent to the order passed by this Court in W.P.Nos. 24162 to 24165 of 2009, dated 29.03.2010, the petitioners again approached the second respondent, who rejected the petitioners claim stating that the petitioners produced the documents regarding their service only upto March 1997 and they were deployed as dailywager under the Panchayat Contractors and therefore they are not entitled to get the benefits under G.O.Ms.No.55. 24162 to 24165 of 2009, dated 29.03.2010, the petitioners again approached the second respondent, who rejected the petitioners claim stating that the petitioners produced the documents regarding their service only upto March 1997 and they were deployed as dailywager under the Panchayat Contractors and therefore they are not entitled to get the benefits under G.O.Ms.No.55. The said order is being under challenge before this Court. 6. Heard the counsel on either side and perused the materials available on records. 7. It is not in dispute that the petitioners are employed as daily labouers as Handpump fitter assistants in Kancheepuram Panchayat Union from the year 1983. It is evident from the fourth respondent's letter dated 25.06.2008 addressed to the third respondent that the petitioners worked in the Panchayat Union from 1983 to 01.04.1997 and recommendation was made for regularization. The recommendation made by the fourth respondent on 11.09.2009 reads as follows:- “TAMIL” 8. The aforesaid communication makes it very clear that the petitioners worked from 1983 to March 1997 which entitles them to get the benefits under the G.O.Ms.No.55 dated 15.06.2006. The only condition to be complied with by the petitioners is that their appointment should be made from the year 1983 to 1.4.1997 and continuously worked for ten years. As stated above, the petitioners complied with the aforesaid conditions prescribed in G.O.Ms.No.55. When that is a position, the petitioners should have been regularized in service. 9. Whether the petitioners should have continued in the service of the Panchayat Union after 1.4.1997 is not the condition spelt out in the G.O.Ms.No.55 dated 15.06.2006. Even otherwise it is only at the instance of the fourth respondent by communication dated 13.05.1997, the petitioners were brought under the control of the Panchayat. As per fourth respondent's order, the petitioners were brought under the control of the Panchayat, the same cannot be employed against the petitioners to deprive of the benefits available under G.O.Ms.No.55. 10. That apart, this Court by the order dated 29.03.2010 in W.P.Nos.24162 to 24165 of 2009 filed by the petitioners herein, categorically held that the petitioners complied with the conditions prescribed in the G.O.Ms.No.55, dated 15.06.2006 and the paragraph 10 of the said order reads as follows:- “10. On a perusal of the materials available on record, the petitioners have been appointed in the year 1983 and continuously they were working till 1997 under the fourth respondent. On a perusal of the materials available on record, the petitioners have been appointed in the year 1983 and continuously they were working till 1997 under the fourth respondent. G.O.Ms.No.55, dated 15.06.2006 stipulates that the persons, who have been appointed as hand pump fitter assistant between 1983 to 01.04.1997 and have been working for a period of 10 years would be appointed as night watchmen or officer assistants. So far as the petitioners are concerned, on a perusal of the letter of the fourth respondent, I find that the petitioners have squarely satisfied the said condition. Though it has been stated by the fourth respondent that after 1997, they did not work under the control of them, on a perusal of the letter dated 13.05.1997 issued by the fourth respondent, I find that the services of the petitioners were brought under the control of the Panchayat Presidents. Therefore, naturally, the records pertaining to the petitioners service would not be available in the fourth respondent's office in the year 1997. Therefore, I am of the opinion that the second respondent without considering these aspects rejected the claim of the petitioner. Under such circumstances, I hold that the order passed by the second respondent is liable to be quashed and accordingly, the same is hereby quashed. The second respondent is directed to consider the claim of the petitioners approximately in consonance with the G.O.Ms.No.55, dated 15.06.2006 and the petitioners are also directed to produce the relevant documents to show that they were in service from 1983 till date in support of their claim. The second respondent is further directed to consider the claim of the petitioner and pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order. " The aforesaid order would make it clear that the issue was already decided holding that the petitioners are entitled to get benefit under the G.O.Ms.No.55, dated 15.06.2006. Admittedly no appeal was filed against the said order and the order is binding on the respondents. The Respondents are estopped from re-agitating the issue which attained finality before this Court. When that is the position, the second respondent cannot hold that the petitioners are not entitled for regularization of service, as they were working under the panchayat contractors from April 1997 onwards. 11. The Respondents are estopped from re-agitating the issue which attained finality before this Court. When that is the position, the second respondent cannot hold that the petitioners are not entitled for regularization of service, as they were working under the panchayat contractors from April 1997 onwards. 11. The last paragraph of the impugned order reads as follows:- “TAMIL” The aforesaid impugned order demonstrates that the petitioners were appointed from 1983 to March 1997 and they were employed from April 1997 onwards under the panchayat contractors. Having found that the petitioners are employed from 1983 to March 1997, the second respondent cannot reject the claim of the petitioners. As stated above, the only requirement as per the G.O.Ms.No.55 dated 15.6.2006 is that the appointment of the petitioners should be between 1983 to March 1997 and continued to be in service for ten years. The service after April 1997 under Panchayat is not material for regularization of petitioners service. Moreover the employment of the petitioners under the panchayat contractors is only at the instance of the respondents and therefore the petitioners cannot be found fault with for that and their claim cannot be rejected. 12. For the reasoning stated above, the impugned orders are set aside and the second respondent is directed to regularize the service of the petitioners within a period of six weeks from the date of receipt of a copy of this order. Writ petitions are allowed. No costs. 13. For compliance call on 1-12-2011.