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2013 DIGILAW 3837 (MAD)

A. Subashsunder v. Commissioner, Salem City Municipal Corporation, Salem

2013-11-07

A.ARUMUGHASWAMY

body2013
Judgment : The 1st petitioner was appointed as Technical Assistant in the Salem City Municipal Corporation on 9.2.1990 through the Employment Exchange. Similarly, all the other 16 petitioners have been appointed as Technical Assistants in the Salem City Municipal Corporation on daily wages between 1990 and 2000. All are having educational qualification as Diploma in Civil Engineering or B.E. Degree in Civil Engineering. 2. While so, the Government in G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.5.1999, has issued orders to reguarlise the daily wages NMRs in the permanent post. Though the petitioners have made several representations to regularise them as Technical Assistants in the scale of pay of Rs.4500-125-7000, the 1st respondent has not taken any steps to regularise them. 3. In the meanwhile, the 1st respondent has issued the proceedings dated 15.5.2000 regularising the NMR Technical Assistants, namely, the petitioners with a condition that they will be on a consolidated pay of Rs.2000/-p.m. for a period of one year and on completion of one year, they will be brought under the time scale of pay. But contrary to the same, the 1st respondent has now sanctioned the time scale of pay only from 1.6.2006 instead of from 15.5.2001 and also attempting to appoint one person as Assistant Engineer, who never worked in the Salem City Municipal Corporation. Aggrieved over the actions of the 1st respondent, the petitioners are before this Court with this Writ Petition. 4. According to the 1st respondent, the appointment of the petitioners as NMRs and engaged in Technical Assistant in civil work in the year 1990 on daily wages basis and their service between 1990 and 2000 have been admitted. Further, according to the 1st respondent, since the appointment of the petitioners was on daily wages and the complete establishment is worked under charged establishment, they are not covered either with Municipal Service Rules or Corporation Service Rules, 1996 and the services of the petitioners have been regularised as per G.O.Ms.No.21, Municipal Administration and Water Supply Department, dated 23.2.2006 in the scale of Rs.2,000/-. But the petitioners cannot claim that their services shall be regularised as Technical Assistant with scale of pay of Rs.4500-125-7000 as per G.O.Ms.No.237, Municipal Administration and Water Supply (Election) Department, dated 26.9.1996. But the petitioners cannot claim that their services shall be regularised as Technical Assistant with scale of pay of Rs.4500-125-7000 as per G.O.Ms.No.237, Municipal Administration and Water Supply (Election) Department, dated 26.9.1996. Further, the petitioners cannot claim time scale of pay from 15.5.2001 even though they have completed one year of service as per G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.5.2000. Hence, according to the 1st respondent, the present Writ Petition is liable to be dismissed. 5. Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioners would contend that based on the Government Order in G.O.Ms.No.125 dated 27.5.2000, though the 1st respondent has issued proceedings dated 15.5.2000 regularising the petitioners as Technical Assistants, they were regularised only w.e.f.1.6.2006. But, they have to be regularised w.e.f.15.5.2001. Hence, the proceedings of the 1st respondent dated 15.5.2000 has to be quashed. The learned Senior Counsel would further contend that the services of the petitioners have been regularised only as unskilled workers not as Technical Assistant. Hence, the impugned order of the 1st respondent dated 31.5.2006 has to be quashed by allowing the present writ petition. 6. Mr.G.Sankaran, learned Counsel for the 1st respondent would contend that as per G.O.Ms.No.125, they have regularised the NMRs in the time scale of pay of Rs.2000/-. Subsequently, due to the ban imposed by the Government, they could not accommodate them in the scale of pay of Rs.4500-125-7000. After the lifting of the ban, they have been accommodated. Hence, according to the learned Counsel for the 1st respondent, the present Writ Petition has to be dismissed. 7. Heard the learned Additional Government Pleader appearing for the 2nd respondent who would also sail with the arguments of the 1st respondent. 8. The fact that initially, the petitioners were appointed as NMRs. in the posts of Technical Assistant in the Salem City Municipal Corporation remains undisputed. Thereafter, it is also admitted that the petitioners have worked as NMRs for nearly ten years between 1990 and 2000. In the meanwhile, the Government issued G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.5.1999 to regularise the daily wages NMRS in the permanent post. in the posts of Technical Assistant in the Salem City Municipal Corporation remains undisputed. Thereafter, it is also admitted that the petitioners have worked as NMRs for nearly ten years between 1990 and 2000. In the meanwhile, the Government issued G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.5.1999 to regularise the daily wages NMRS in the permanent post. Then the 1st respondent by proceedings dated 15.5.2000 regularised the services of the petitioners on a condition that they will be given a consolidated pay of Rs.2000/- p.m. for a period of one year and after completion of one year, they will be brought under the time scale of pay. Later on, the time scale of pay was granted w.e.f.1.6.2006 instead of 15.5.2001 which according to the petitioners is per se illegal. 9. It is not the case of the 1st respondent that the petitioners are not having requisite qualifications and they have violated certain service conditions. Therefore, as per the Government Order in G.O.Ms.No.125 dated 27.5.1999, the services of the petitioners have been regularised by the proceedings of the 1st respondent dated 15.5.2000 with a condition that after completion of one year, they will be brought under time scale of pay. But, the 1st respondent has regularised them only from 1.6.2006 instead of 15.5.2001. 10. For this contention, the reasoning given by the 1st respondent that since the Government has imposed a ban, they could not regularise the petitioners from 15.5.2001 is not at all convincing. Once an employee is appointed by the Government, he is entitled for all the benefits as per the Government Orders and service rules. Accordingly, the services of the petitioners have to be regularised by the 1st respondent as per G.O.Ms.No.125 w.e.f. 15.5.2001. 11. Next coming to the question of granting time scale of pay to the petitioners for the post of Technical Assistant, it has been specifically mentioned in the order of the 1st respondent dated 15.5.2000 that they have been regularised only as unskilled workers. Hence, I am of the view that the later portion of the order is correct. But, as I have narrated earlier, their services have to be regularised w.e.f. 15.5.2001. 12. In the result, the Writ Petition is allowed as indicated above. Hence, I am of the view that the later portion of the order is correct. But, as I have narrated earlier, their services have to be regularised w.e.f. 15.5.2001. 12. In the result, the Writ Petition is allowed as indicated above. The 1st respondent is further directed to pay the monetary benefits to the petitioners, which would arise by regularising the petitioners from 15.5.2001 and fixing their pay in the scale of pay of Rs.4500-125-7000, within a period of four months from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petition is also closed.