Commissioner, Tiruchirappalli City Corporation, Tiruchirappalli v. M. R. Ramesh
2015-04-06
M.VENUGOPAL, SATISH K.AGNIHOTRI
body2015
DigiLaw.ai
Judgment :- Satish K. Agnihotri, J. 1. The writ petitioners were appointed as Technical Assistants much before 1997. Thereafter, the Municipal Administration and Water Supply Department, Government of Tamil Nadu by G.O.Ms.No.187 dated 24.7.1997 decided to regularise the employment of the employees of the municipality in the following terms : i) The employees who were selected through the employment exchange and have been working in the municipalities for long years on daily wages basis, shall be appointed on preferential basis. ii) The employees who are working on daily wage basis and who were not selected through the employment exchange, shall be appointed based on their seniority in the employment exchange registration. Iii) The employees who have not registered in the employment exchange, but working on daily wage basis, shall be appointed on the basis of their seniority in the employment exchange registration, after their registration with the employment office.” 2. One more Government Order in G.O.Ms.No.21 dated 2.3.1998 was issued authorising the Commissioner of Municipal Administration to appoint drivers, who were working on daily basis, on regular basis. The appellant, relying on the said G.Os., regularised the respondents as un-skilled workers. Being aggrieved, the respondents / writ petitioners have come up with the writ petitions, seeking compliance of the aforestated G.Os and also regularising them as skilled workers with effect from the date they became entitled under the aforestated G.Os. The learned Single Judge considered the issue at length and held as under : “7. Record also shows that a proposal has already been made in G.O.(D) No.520 Municipal Administration and Water Supply Department dated 10.10.2013. A reading of the said proposal clearly shows that the Government have permitted the Commissioner of Municipal Administration to fill up 263 posts. Sl. No.12 in the Annexure also shows that 12 posts of Technical Assistants has been agreed to filled up. Therefore, there is no impediment for the respondents to appoint the petitioners in the post of Technical Assistants. Recording the above submissions, the first respondent is directed to complete the above said exercise, within a period of six weeks from the date of receipt of a copy of this order.
Therefore, there is no impediment for the respondents to appoint the petitioners in the post of Technical Assistants. Recording the above submissions, the first respondent is directed to complete the above said exercise, within a period of six weeks from the date of receipt of a copy of this order. Mr.Karthik, learned counsel appearing for the petitioners fairly made a statement before this Court that the petitioners will not claim any backwages, if they are given the benefit of continuity of service from the date of filing these writ petitions, since there were vacancies even from June 2007.” The direction issued was to regularise them from the date of filing of the writ petition, not from the date which initially they sought in the writ petitions. 3. The learned counsel appearing for the respondents herein / writ petitioners would submit that the writ petitioners would be contented if the writ petitioners are regularised as skilled workers with effect from the date of filing of the writ petitions. 4. We have heard the learned counsel for parties and perused the pleadings and documents appended thereto. On giving anxious consideration to all respects, we find that the view taken by the learned Single Judge is in accordance with law and we uphold the same. The order passed by the learned Single Judge is just and proper, warranting no interference. Resultantly, all writ appeals are dismissed. No costs. Consequently connected miscellaneous petitions are closed.