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2013 DIGILAW 2670 (MAD)

T. M. Anandan v. Government of Tamil Nadu, Rep. By its Secretary, Municipal Administration and Water Supply Department, Chennai

2013-07-26

D.HARIPARANTHAMAN

body2013
Judgment :- 1. The petitioners have been working as "Parambarai Vettiyans" at the burial grounds in Thiruvottiyur Muncipality for several years on hereditary basis. They seek regularization of their services as Burial Ground Assistants based on G.O.Ms.No.18 Municipal Administration and Water Supply Department, dated 11.01.2008. 2. Thiruvottiyur Municipality, which is now part of Chennai Corporation passed resolutions dated 31.10.2007 and 31.12.2007 to regularise the service of the petitioners as Burial Ground Assistants. 3. Thereafter, the Commissioner of Thiruvottiyur Municipality sent recommendation in Na.Ka.No.7007/2007/H2 dated 18.12.2008 to the Commissioner for Municipal Administration for regularization of the service of the petitioners as Burial Ground Assistants. 4. The petitioners stated that Thiruvottiyur Municipality was annexed to the Corporation of Chennai and has become Zone I of the Corporation of Chennai. According to the petitioners, in respect of other zones, which were already part of Corporation of Chennai, necessary orders have been issued for regularising the services of Vettiyans functioning in the burial grounds maintained by the respective zones. Therefore, the petitioners who were serving under the erstwhile Thiruvottiyur Municipality, now working in Zone I Corporation of Chennai, shall also be regularised as Burial Ground assistants, particularly when erstwhile Thiruvottiyur Municipality passed resolutions and the Commissioner for Thiruvottiyur Municipality made recommendation to the Commissioner of Municipal Administration as stated above. 5. In these circumstances, the petitioners made various representations to the respondents, including the representation dated 20.06.2013 seeking for regularisation of their services. The petitioners thereafter filed this writ petition seeking for a direction to appoint them as Burial Ground Assistants in Zone I, Corporation of Chennai as per directions contained in G.O.Ms.No.18 Municipal Administration and Water Supply Department, dated 11.01.2008. 6. In the facts and circumstances of the case, I am of the view that the petitioners are entitled to succeed in the writ petition and they are entitled to be regularized in service in view of the Resolutions of the Thiruvottiyur Municipality and the recommendation of the Commissioner of Thiruvottiyur Municipality. Further, they have to be regularized based on G.O.Ms.No.18 dated 11.01.2008 referred to above and based on the regularization of other similarly placed persons in other Zones of Corporation of Chennai. 7. Further, they have to be regularized based on G.O.Ms.No.18 dated 11.01.2008 referred to above and based on the regularization of other similarly placed persons in other Zones of Corporation of Chennai. 7. Accordingly, the writ petition is allowed and a direction is issued to the second respondent to regularise the service of petitioners as Burial Ground Assistants as per G.O.Ms.No.18 referred to above with arrears of pay, within a period of eight weeks from the date of receipt of a copy of this order. No costs.