S. Devaraj v. Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department
2012-07-03
N.PAUL VASANTHAKUMAR
body2012
DigiLaw.ai
Judgment :- 1. The prayer in the writ petition is to quash the proceedings of the second respondent dated 25.7.2006 and that of the third respondent dated 31.7.2006 restricting the date of bringing the Petitioners into time scale with effect from 23.06.2006 onwards alone and to issue consequential direction to the Respondents to bring them into the regular time scale from the date on which they completed three years consolidated pay services in the light of G.O.Ms.No.199 Municipal Administration and Water Supply Department dated 26.10.1998 and 12.08.1997 and the GO.Ms.No.84 Municipal Administration and Water Supply Department dated 21.05.1998 and the Judgement of Division Bench dated 23.06.2010 passed in W.A.Nos.47 and 385 of 2010 with all consequential service and monetary benefits. 2. The petitioners 1 and 2 were appointed as Sweepers on 18.1.2001 and other petitioners were appointed as Sweepers on 9.2.2001 in the third respondent Town Panchayat on Consolidated Pay and they completed three years of satisfactory service on 17.1.2004 and 8.2.2004 respectively. As per various Government Orders issued by the Government, petitioners' services are to be regularised with effect from 18.1.2004 and 9.2.2004 respectively on completion of three years of service, but they were brought under regular time scale of pay by the third respondent only from 23.06.2006. The petitioners submitted various representations and finally on 4.10.2011 requesting the respondents to pass orders bringing them into regular time scale of pay from 18.1.2004 and 9.2.2004 instead of 23.06.2006, but no order is passed. Therefore, petitioners have come forward with this writ petition challenging the order of regularisation of their services insofar as it restricts the date of bringing them into time scale of pay from 23.06.2006 instead of 18.1.2004 and 9.2.2004 respectively. 3. The learned counsel for the petitioners submitted that identical issue was considered by the Division Bench of this Court in W.A.No.47 of 2010 and the Division Bench, by judgment dated 23.06.2010, dismissed the appeal filed by the Municipality and directed to regularise the services of the respondents/employees therein, on completion of three years of service. Therefore, the learned counsel for the petitioner prays this Court to allow this writ petition and to direct the respondents to pass orders regularising the services of the petitioners with effect from 18.1.2004 and 9.2.2004, within a stipulated time limit. 4.
Therefore, the learned counsel for the petitioner prays this Court to allow this writ petition and to direct the respondents to pass orders regularising the services of the petitioners with effect from 18.1.2004 and 9.2.2004, within a stipulated time limit. 4. The learned Additional Government Pleader appearing for the respondents is not in a position to dispute the fact that the issue involved in this writ petition is covered by the decision of the Division Bench of this Court in W.A.Nos.47 and 385 of 2010 dated 23.06.2010. 5. In the judgment dated 23.06.2010 in W.A.Nos.47 and 385 of 2010, the Division Bench of this Court held as follows:- "3. The learned single Judge, on the basis of the Judgment rendered by a Division Bench of this Court in W.A. No. 1454 of 2007 dated 19.12.2008 in the case of Director of Town Panchayat, Kuralagam, Chennai and two others -vs-R. Sundaradas, allowed the writ petitions and held that the writ petitions are entitled to the time scale of pay only from the date when they completed three years on consolidated pay and not from any subsequent date. Aggrieved by the same, the respective Panchayats have filed the above appeals. 4. We have perused the judgment dated 19.12.2008 rendered by the Division Bench of this Court in the aforementioned appeal. In our view, as rightly held by the learned single Judge, the present cases are squarely covered by the said Division Bench Judgment. We do not find any reason to differ with the view taken by the learned single Judge. There being no merit in the appeals, they stand dismissed. Consequently, the connected miscellaneous petitions are also dismissed. However, there will be no order as to costs." 6. The SLP filed against the above said order in S.L.P.(Civil)No.26605 of 2010 was dismissed on 27.9.2010 and the order of the learned single Judge was also implemented by the Government by issuing G.O.Ms.No.570, Municipal Administration and Water Supply Department dated 15.11.2010. The petitioners herein are also similarly placed and there is no dispute regarding the said aspect. 7. In the light of the judgment of the Division Bench of this Court mentioned supra, this writ petition is allowed. The respondents are directed to pass appropriate orders expeditiously regularising the services of the petitioners from the date on which they completed three years of service on regular time scale of pay. No costs.
7. In the light of the judgment of the Division Bench of this Court mentioned supra, this writ petition is allowed. The respondents are directed to pass appropriate orders expeditiously regularising the services of the petitioners from the date on which they completed three years of service on regular time scale of pay. No costs. Consequently, connected miscellaneous petition is closed.