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2015 DIGILAW 1140 (MAD)

R. Pandi v. Secretary to Government, Municipal Administration, Water Supply Department, Chennai

2015-02-25

V.M.VELUMANI

body2015
Judgment :- This Writ Petition is filed to issue a Writ, order or direction in the nature of Writ of Mandamus directing the respondents to sanction and pay the consequential monetary benefits such as yearly increments, leave salary etc., with effect from 29.11.2002, pursuant to the order of the Regularization dated 29.11.2002 to the petitioners within the time frame fixed by this Hon'ble Court. 2. Originally the petitioners were appointed as Value Operator (Maintenance Assistant) in the third respondent Board. Based on the Policy Decision of the Government, dated 14.11.1990 all the petitioners were transferred to fifth respondent Panchayat from third respondent. The petitioners have completed 480 days of service in 24 Calendar months. The respondents did not regularize their service. Therefore, they filed an application before the Inspector of Labour, Theni under Section 3 of Tamil Nadu Industrial Establishment (Conferment of Permanent Status of Workmen) Act, 1981. By order dated 20.11.2000 in Na.Ka.No.1881/2000. The Inspector of Labour, Theni directed the respondents to regularize the petitioners service and to give other benefits. Against the order of Inspector of Labour, the fifth respondent filed W.P.No.14996 of 2001, before this Court and the same has been dismissed on 20.08.2001. The fifth respondent has not regularized the service of the petitioners, as per the orders of this Court and the Inspector of Labour, Theni. Therefore, the petitioners filed W.P.No.2963 of 2002 for a direction to the respondents to implement the order of Inspector of Labour, Theni in Na.Ka.No.1881/2000 dated 20.11.2000. 3. Pending Writ Petition, by the proceedings in Na.Ka.No.176/2000 dated 29.11.2002, the fifth respondent regularized the service of the petitioners with effect form 14.11.1992 to 06.11.2002 without monetary benefits, for the purpose of pensionery benefit and for the period commencing from 07.11.2002 with monetary benefits and their basis pay was fixed at Rs.3040/-. This Court by order dated 14.01.2003, recording the proceedings dated 29.11.2002, disposed of the Writ Petition. In spite of regularizing the service of the petitioners with monetary benefits from 07.11.2002, the respondents did not pay the same. 4. On the other hand, the fifth respondent filed W.A.No.770 of 2004 against the order passed in W.P.No.2693 of 2002, on the ground that the fifth respondent was forced to implement the order of the Inspector of Labour, Theni. The Division Bench of this Court by the order dated 10.08.2004, dismissed the Writ Appeal. 4. On the other hand, the fifth respondent filed W.A.No.770 of 2004 against the order passed in W.P.No.2693 of 2002, on the ground that the fifth respondent was forced to implement the order of the Inspector of Labour, Theni. The Division Bench of this Court by the order dated 10.08.2004, dismissed the Writ Appeal. Even after dismissal of the Writ Appeal, the respondents did not take any steps to pay the monetary benefits from 07.11.2002. Subsequently, the fifth respondent filed S.L.P (Civil). C.C.No.16230/2008 before the Hon'ble Supreme Court and the same was dismissed on 15.12.2008. Even after dismissal of the Special Leave Petition, the respondents did not take steps to grant the benefits arising out of the order of regularization dated 29.11.2002. Therefore, the petitioners gave a representation to the respondents for monetary benefits including increments etc., as per the order dated 29.11.2002 of fifth respondent. The respondents did not consider the same. Therefore, the petitioners filed the present Writ Petition for the relief Stated supra. 5. Heard the learned counsel appearing for the petitioners and the respondents. 6. I have carefully considered the materials on record and heard the arguments of the counsels appearing on either side. 7. The learned counsel for the fifth respondent produced the proceedings dated 11.10.2010 in murhiz(g) vz;.522 and consequently proceedings of the fifth respondent dated 04.11.2010 in Na.Ka.No.176/2000, wherein the petitioners were granted monetary benefits from 01.10.2003 to 31.10.2010 and fixed their scale of pay. 8. The petitioners have continuously worked for more than 480 days and their services were directed to be regularized by the order of the Inspector of Labour, Theni. Subsequently, pending Writ Petition, fifth respondent implemented the order of Inspector of Labour regularising the petitioners services with effect from 1992 to 2002 without any monetary benefits and from 07.11.2002 monetary benefits to be paid from 07.11.2002 onwards. The legal proceedings initiated, against such regularization by the fifth respondent was dismissed. Therefore, the fifth respondent is directed to pay all the monetary benefits to the petitioners from 07.11.2002. 9. In view of the above, the Writ Petition is allowed. The respondents are directed to fix the pay scale of pay as per the proceedings dated 29.11.2002 and disburse the same within a period of eight weeks from the date of receipt of a copy of this order. No costs.