M. Nedunchezian v. Secretary to Government of Tamilnadu, Chennai
2012-08-14
D.HARIPARANTHAMAN
body2012
DigiLaw.ai
Judgment :- 1. The petitioners were all daily wage employees for a long time prior to 31.12.1996 in the third respondent-Municipality. 2. The Government issued G.O.Ms.No.198 MAWS (D) dated 26.10.1998 to give consolidated pay to the daily wage employees who were in service prior to 31.12.1996 and on completion of 3 years of service in consolidated pay, they shall be given scale of pay and their service shall be regularised. 3. Accordingly, the petitioners were given consolidated pay on 11.12.2000 and they completed three years of service on 11.12.2003 but they were not regularised from 12.12.2003 and they were not granted scale of pay from 12.12.2003. But they were regularised from 1.7.2007 by an order dated 30.6.2007 of the 3rd respondent. The petitioners have filed the present writ petition seeking for direction to regularise their service with effect from 12.12.2003 as per G.O.Ms.No.198 MAWS Department dated 26.10.1998. 4. Counter affidavit is filed by the third respondent. 5. In the counter affidavit itself it is stated that the petitioners were regularised in service based on G.O.Ms.No.21 MAWS Department dated 23.2.2006. As per G.O.No.21, the regularisation of employees in Municipality did not take place pursuant to ban of recruitment imposed by the Government and the same was lifted subsequently in 2006. 6. Heard both sides. 7. The petitioners are entitled to regularisation as per G.O.Ms.No.198, MAWS (D), dated 26.10.1998. They are employed as daily wage employees for a long time prior to 31.12.1996. They were granted consolidated pay from 11.12.2007 based on G.O.Ms.No.198. On completion of three years of service in consolidated pay, they shall be regularised as per G.O.Ms.No.198. 8. According to the respondents, the petitioners were not regularised due to the ban on recruitment imposed by G.O.Ms.No.21 MAWS Department dated 23.2.2006. 9. Later, ban was lifted by P&AR Department in G.O.Ms.No.14 dated 2.12.2006. After the lifting of the ban, Government issued G.O.Ms.No.21 MAWS Dept. dated 23.2.2006 for regularisation of employees in Municipality. This issue was considered by this Court including in my Order dated 12.10.2011 reported in (2012) 1 MLJ 240 (M.ANANDAN & OTHERS Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMN. & WATER SUPPLY DEPT., FORT ST.GEORGE, CHENNAI & OTHERS). 10. It has been held categorically in the aforesaid judgment that the ban on recruitment is relating to fresh appointment and the same cannot be applied to persons who are already in employment. 11.
SECRETARY TO GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMN. & WATER SUPPLY DEPT., FORT ST.GEORGE, CHENNAI & OTHERS). 10. It has been held categorically in the aforesaid judgment that the ban on recruitment is relating to fresh appointment and the same cannot be applied to persons who are already in employment. 11. Following the aforesaid order, this writ petition is allowed and a direction is issued to the respondents to regularise the petitioners on completion of three years of service as per G.O.Ms.No.198, MAWS Department dated 26.10.1998 with all monetary benefits, within a period of eight weeks from the date of receipt of a copy of this Order. No costs.