V. Raju v. Secretary to Government of Tamilnadu, Municipal Administration & Water Supply Department
2013-09-03
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment : 1. The petitioner's father was working as a Sanitary Worker at Irugur Town Panchayat. He died on 07.12.1989 while in service. Pursuant to the death of his father, the petitioner was appointed as Bill Collector on compassionate grounds vide proceedings of the third respondent, dated 26.06.1990 in the pay scale of Rs.975-1600. He joined service on 02.07.1990. 2. According to the petitioner, the post of Bill Collector and Junior Assistant are interchangeable and carries the same scale of pay. He is currently working as Junior Assistant in the Chittapalayam Town Panchayat. The next promotion is to the post of Executive Officer Grade II. In the combined seniority list of Junior Assistant/Bill Collector/Typist as on 01.01.2004, his name finds place at Serial No.69. 3. However, his name was not included in the panel for promotion to the post of Executive Officer Grade II on the ground that his services were not regularized for want of concurrence from Tamil Nadu Public Service Commission (for short TNPSC) as the post in which he was initially appointed viz., Bill Collector is a Provincialised post coming within the purview of TNPSC, whereas, the names of his juniors find place in the said list. 4. While so, the second respondent has sent a proposal to the 1st respondent to regularize the service of the petitioner as Bill Collector from the date of his initial appointment. However, till date no action is taken by the respondents. Hence, the petitioner has filed this writ petition, seeking direction to the respondents 1 and 2 to regularize his services as Bill Collector/Junior Assistant from the date of his initial appointment and consequently direct the respondents to promote him as Executive Officer Grade II on par with his juniors. 5. The learned counsel for the petitioner has submitted that the Government had issued G.O.Ms.No.206 Municipal Administration and Water Supply Department, dated 02.11.1995, providing compassionate appointment in the post of Junior Assistant/Typist to the legal heirs of the deceased employees working in non-provincialised post subject to the condition that they possess necessary educational qualification. 6. This Court in W.P.No.19932 of 2008 dated 15.06.2011 while interpreting the above said Government Order has directed the authorities to regularize the service of the person who was appointed as Sweeper as Junior Assistant from the date of his initial appointment with all consequential benefits.
6. This Court in W.P.No.19932 of 2008 dated 15.06.2011 while interpreting the above said Government Order has directed the authorities to regularize the service of the person who was appointed as Sweeper as Junior Assistant from the date of his initial appointment with all consequential benefits. It was made clear that the posts mentioned in the Government Order viz., Night Watchman, Office Assistant, Record Clerk are only indicative in nature and does not exclude the other lower posts. 7. The learned counsel for the petitioner further submitted that in identical cases, the respondents had issued the following Government Orders regularising the service of persons appointed on compassionate ground as Junior Assistant/Bill Collector:- i) G.O.Ms.No.407 (MAWS Department) dated 02.08.2001 ii) G.O.Ms.No.146 (MAWS Department) dated 16.04.2002 iii) G.O.Ms.No.59 (MAWS Department) dated 27.08.2004 iv) G.O.Ms.No.34 (MAWS Department) dated 13.12.2006 8. However, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if a direction is issued to the first respondent to pass orders on the proposal dated 16.08.2012 of the second respondent in the light of G.O.Ms.Nos.407, 146, 59 and 34 and also the order of this Court dated 15.06.2011 made in W.P.No.19933 of 2008 referred to above. 9. In these circumstances, the writ petition is disposed of, directing the first respondent to pass orders on the proposal dated 16.08.2012 of the second respondent in the light of the Government Orders as well the order of this Court dated 15.06.2011 referred to above, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.