K. Venkatesan v. Director of Town Panchayat Kuralagam, Chennai
2013-07-25
T.RAJA
body2013
DigiLaw.ai
ORDER These two writ petitions have been filed by Mr.K.Venkatesan and Mr.M.Velmurugan seeking to quash the impugned order passed by the Director of Town Panchayat, Chennai, the first respondent herein in Na.Ka.No.18235/2007/A3 dated 19.11.2007 with a consequential direction to the respondents to grant regular time scale of pay to the petitioners with effect from 1.12.2000 in the case of Mr.K.Venkatesan and from 1.5.2001 in the case of Mr.M.Velmurugan, as per the orders issued by the Government in G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.5.98 and also on the basis of the proceedings issued by the first respondent in Na.Ka.No.21379/24715/97-26/A3 dated 17.10.97. 2. Mr.R.N.Amarnath, learned counsel for the petitioners submitted that when the petitioners were initially appointed as Sanitary Workers in the second respondent-Kannamangalam Town Panchayat on 21.11.97 and 23.4.98 respectively on consolidated pay of Rs.900/- per month for a period of one year, both the petitioners should have been brought into regular time scale of pay after expiry of three years from the date of appointment, because, even as per the Government Order in G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.5.98, it has been made clear that the persons who were appointed on consolidated pay as Sweepers should be brought into regular time scale of pay after expiry of three years of service on consolidated pay. But, unfortunately, the petitioners were regularised in service by the order dated 7.8.2006 passed by the second respondent only from 23.6.2006. Since the order dated 7.8.2006 regularising the services of the petitioners on 23.6.2006 is running contrary to the Government Order in G.O.Ms.No.84 dated 21.5.98, the impugned order, he pleaded, needs to be interfered with, consequently, a direction should be issued to the respondents to grant regular time scale of pay to the petitioners with effect from the date on which they completed three years of service on consolidated pay from the date of their initial appointment. Finally, it was pleaded that the issue raised in the present writ petitions based on G.O.Ms.No.84 dated 21.5.98 had also been considered by the Hon'ble Division Bench of this Court in W.A.Nos.47 and 385 of 2010 dated 23.6.2010 (The Executive Officer, Palladam Third Grade Municipality, Palladam v. C.Kittusamy and others).
Finally, it was pleaded that the issue raised in the present writ petitions based on G.O.Ms.No.84 dated 21.5.98 had also been considered by the Hon'ble Division Bench of this Court in W.A.Nos.47 and 385 of 2010 dated 23.6.2010 (The Executive Officer, Palladam Third Grade Municipality, Palladam v. C.Kittusamy and others). Accepting the same judgment, when the Department has implemented the order passed by this Court in W.A.Nos.47 and 385 of 2010 dated 23.6.2010, the writ petitions need to be allowed following the order passed by the Hon'ble Division Bench of this Court. 3. A detailed counter affidavit has been filed by the Executive Officer, Kannamangalam Town Panchayat, the second respondent. Ms.E.Renganayaki, learned counsel for the second respondent, reiterating the stand taken in the counter affidavit and sought for dismissal of the writ petitions on the ground that the submission made by the learned counsel for the petitioners to regularise the services of the petitioners on the basis of G.O.Ms.No.84 dated 21.5.98 cannot be granted, in view of the fact that there was a ban order not to fill up any vacancies. Once the ban order was in force, it would not only apply to new appointment, but would also equally apply to regular absorption, therefore, the impugned order has been rightly passed giving the benefit of regularisation with effect from 23.6.2006, hence, the prayer sought for by the petitioners needs to be disallowed. 4. But this Court is unable to agree with her submission and also the submission made by the learned Additional Government Pleader for the first respondent for more than one reason. When the petitioners were appointed as Sanitary Workers on 21.11.97 and 23.4.98 respectively on consolidated pay of Rs.900/- per month for a period of one year from the date of appointment, on completion of one year, as mentioned in the appointment order, both the petitioners were allowed to continue in service. Therefore, G.O.Ms.No.84 dated 21.5.98 stating that the Sanitary Workers appointed on and after 1.1.97 on consolidated pay of Rs.900/- per month for a maximum period of three years, should be paid with ten percent increased pay every year, namely, a sum of Rs.900/- for the first year of service, a sum of Rs.990/- for the second year of service and a sum of Rs.1089/- for the third year of service should have been followed by the respondent-Department without any demur.
Further, the same Government Order also says that on completion of three years of their satisfactory performance, they should be brought in the regular time scale of pay. Regrettably, in the present case, when the second respondent passed the order dated 7.8.2006, it is not mentioned anywhere in the order why the G.O.Ms.No.84 dated 21.5.98 has not been applied to the petitioners, although they were regularised with effect from 23.6.2006 in the scale of pay of Rs.2550-55-2660-60-3200. On an earlier occasion, when a similar issue was brought to the notice of this Court in W.A.Nos.47 and 385 of 2010, the Hon'ble Division Bench, by order dated 23.6.2010, by considering the very same G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.5.98, came to the conclusion that the respondents therein who had put in three years of service on consolidated pay, although joined duty on different dates, should have been brought in the regular time scale of pay with effect from the date they completed three years of service from the date of initial appointment. Therefore, when the G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.5.98 had been considered by the Hon'ble Division Bench of this Court by giving a direction to bring the respondents therein in the regular time scale of pay on completion of three years of service, the impugned order dated 19.11.2007 passed by the first respondent-Director of Town Panchayat refusing to fall in line with G.O.Ms.No.84 dated 21.5.98 is hereby set aside and the writ petitions are allowed. Consequently, the respondents are directed to regularise the services of the petitioners by granting the time scale of pay on and from the date they completed the three years of service on consolidated pay from the date of their initial appointment and disburse the arrears of pay within a period of three months from the date of receipt of a copy of this order. No costs.