High Court · 2025

WP(MD)Nos.20308 and 20309 of 2021BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.01.2025CORAMTHE HONOURABLE MR. JUSTICE B.PUGALENDHIWP(MD)Nos.20308 and 20309 of 2021W.P.(MD)No.20308 of 2021S.Govindaraj ... Petitionerversus1. The Government of Tamilnadu, Rep. by its Principal Secretary, Municipal Administration & Water Supply Department, Fort St. George, Chennai – 600 009.2. The Commissioner, Municipal Administration & Water Supply Department, Chepauk, Chennai – 600 005.3. The Ottanchattram Municipality, Rep. by its Commissioner, 475, Palani Main Road, Ottanchattram, Dindigul District. ... Respondents1/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ Mandamus, to direct the respondents to pay the arrears of salary from 27.05.2001 as per G.O.(P)233, Municipal Administration and Water Supply Department dated 21.09.2012 with interest @ 18% per annum till the payment based on the petitioner's representation dated 06.03.2021 and 05.08.2021. For Petitioner: Mr.Ananth C.RajeshFor R1 and R2: Mr.P.T.Thiraviam, Government AdvocateFor R3: Mr.T.Lenin KumarW.P.(MD)No.20309 of 2021S.Venkaipuli ... Petitionerversus1. The Government of Tamilnadu, Rep. by its Principal Secretary, Municipal Administration & Water Supply Department, Fort St. George, Chennai – 600 009.2. The Commissioner, Municipal Administration & Water Supply Department, Chepauk, Chennai – 600 005.2/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 20213. The Ottanchattram Municipality, Rep. by its Commissioner, 475, Palani Main Road, Ottanchattram, Dindigul District.4. The Dindigul Corporation, Rep. by its Commissioner, Dindigul, Dindigul District.(R4 is impleaded vide order dated 01.04.2024) ... RespondentsWrit Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ Mandamus, to direct the respondents to pay the arrears of salary from 27.05.2001 as per G.O.(P)233, Municipal Administration and Water Supply Department dated 21.09.2012 with interest @ 18% per annum till the payment based on the petitioner's representation dated 06.03.2021 and 05.08.2021. For Petitioner: Mr.Ananth C.RajeshFor R1 and R2: Mr.P.T.Thiraviam, Government AdvocateFor R3: Mr.T.Lenin KumarFor R4: Mr.J.Lawrance3/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021COMMON ORDERThe petitioners are working as Sweepers in the Dindigul Municipality. They were appointed on daily wage basis in the year 1987 and 1983 respectively, at the age of 18 years and their services were regularized with effect from 2012. However, the petitioners with a grievance that they are entitled for regularization with effect from 2001 as per G.O.(P)233, Municipal Administration and Water Supply Department dated 21.09.2012, submitted representations to the respondents. Since the said representations were not considered, the petitioners have filed the present writ petitions. 2. The learned counsel appearing for the petitioners submits that the petitioners along with 23 others filed a writ petition before this Court in W.P.No.37676 of 2004 for a Mandamus, directing the respondents therein to regularize their services as per the order of this Court dated 09.10.2001 made in W.P.No.12691 of 1992. This Court, by order dated 17.04.2006, allowed the writ petition that the petitioners are entitled to 4/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021get regularization of their services at the entry level post from 27.5.1999 for two years at the rate of Rs.2,000/- per month and from 27.5.2001, they are entitled to get the time scale of pay and directed the respondents 1 and 2 therein to pass appropriate orders within four weeks from the date of receipt of a copy of the order. However, the said order has not been complied with. Therefore, 10 among 25 petitioners in W.P.No.37676 of 2004 filed a contempt petition before this Court in Cont.P.No.1178 of 2011. Pending the Contempt Petition, the Government took a decision to implement the order of this Court dated 17.04.2006 passed in W.P.No.37676 of 2004 and sanctioned a sum of Rs.43,49,128/- in favour of those persons, who filed the contempt petition. Since the petitioners failed to file the contempt petition, they were not provided the benefit as granted by this Court in W.P.No.37676 of 2004. Therefore, the petitioners filed separate writ petitions before this Court in W.P.(MD)Nos.999 and 1000 of 2013 for a Mandamus, directing the respondents therein to appoint them on permanent basis in accordance with G.O.Ms.No.125, Municipal Administration and Water Supply Department dated 27.05.1999, with effect from 27.05.1999 and also by considering the order passed by this Court in W.P.No.37676 of 2004. 5/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021This Court, by order dated 16.02.2018, disposed of the said writ petitions with liberty to the petitioners to approach the appropriate authority by way of representation and in the event of receiving such representation, the competent authorities shall consider the same in terms of the conditions stipulated in the Government Order. Based on the liberty granted by this Court, the petitioners have submitted representations to the respondents. However, the said representations have not been considered by the respondents. 3. The learned counsel appearing for the 3rd respondent submits that G.O.(P)233, Municipal Administration and Water Supply Department, dated 21.09.2012, is only applicable to those persons, who have filed the contempt petition before this Court in Cont.P.No.1178 of 2011. The Government Order itself specifically states that it is applicable only for those persons, who have filed the contempt petition and therefore, the petitioners cannot claim it as a matter of right.4. This Court considered the rival submissions made and perused the materials available on record. 6/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 20215. The petitioners were appointed as Sweepers on daily wage basis in the year 1987 and 1983 respectively. The petitioners along with 23 others, have filed a writ petition before this Court in W.P.No.37676 of 2004. This Court, by order dated 17.04.2006, allowed the writ petition in the following terms:“7. I have considered the rival submissions made by the learned counsel for the petitioners as well as counsel for the respondents. As rightly contended by the learned counsel for the respondents. As rightly contended by the learned counsel for the petitioners, this Court in the Judgment dated 1.4.1992 in W.P.No.7104 of 1990 gave a direction to the second respondent to frame a scheme and prepare a list of seniority of all NMR workers and absorb them regularly in the second respondent municipality as and when vacancies arises in the newly created posts and the said judgment has become final. Further the Government has issued G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.5.1999, wherein it is ordered that persons / NMRs who are working in Town Panchayats / Corporations / Municipalities shall be given regularisation in the entry level posts as and when vacancies arises initially for a period of two years and they have to be paid a sum of Rs.2000/- per month as consolidated salary and after 7/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021completion of two years, they have to be given time scale of pay. The said G.O. give right to the petitioners to seek regularisation of their service at the entry level post from the date when the vacancy arose. It is not the case of the respondent that the vacancies are not available to the petitioners from 27.05.1999. The respondents herein failed to implement the order in favour of the petitioners and the only reason stated now in the counter affidavit is about the issuance of G.O.Ms.No.212, Personnel and Administrative Reforms Department, dated 29.11.2001 which relates to the ban order. However, the petitioners' right having been accrued on 27.05.1999, the G.O. dated 27.11.2001 which was issued subsequently has no application in the facts of the case. As rightly contended by the learned counsel for the petitioners, the petitioners are entitled to get regularisation of their services at the entry level post from 27.5.1999 for two years at the rate of Rs.2,000/- per month and from 27.5.2001, the petitioners are entitled to get the time scale of pay. Hence, the respondents 1 and 2 are directed to pass appropriate orders within four weeks from the date of receipt of a copy of this order and the arrears of salary payable to the petitioners shall also be paid within four weeks thereafter.”8/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021Since the said order has not been complied with, some of the petitioners in W.P.No.37676 of 2004 filed a contempt petition in Cont.P.No.1178 of 2011, wherein, the Government has accepted to implement the said order as against those persons, who have filed the contempt petition and directed the Municipality to release the funds towards those persons. 6. The petitioners herein are parties to the writ petition in W.P.No.37676 of 2004. Since they have failed to file the contempt petition, the right, which has been conferred to them in W.P.No.37676 of 2004, cannot be taken away. Further, the order of this Court dated 17.04.2006 passed in W.P.No.37676 of 2004 has not been challenged by the Government as well as by the Dindigul Municipality and therefore, they are bound by the said order. The respondents are not supposed to implement the order of this Court partially as against those persons, who have filed the contempt petition and deny the rights of others, who have failed to file the contempt petition. 7. In view of the above, both the Writ Petitions are allowed with a direction to the Dindigul Municipality to take a decision on the 9/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021petitioners' representations in the light of the earlier order passed by this Court in W.P.No.37676 of 2004 dated 17.04.2006 and also in accordance with G.O.(P)233, Municipal Administration and Water Supply Department dated 21.09.2012, within a period of four months from the date of receipt of a copy of this order. No costs. 29.01.2025ogyNCC: Yes / No.Index : Yes / No.Internet:Yes / No.To1. The Principal Secretary, Municipal Administration & Water Supply Department, Fort St. George, Chennai – 600 009.2. The Commissioner, Municipal Administration & Water Supply Department, Chepauk, Chennai – 600 005.3. The Commissioner, Ottanchattram Municipality, 475, Palani Main Road, Ottanchattram, Dindigul District.10/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 20214. The Commissioner, Dindigul Corporation, Dindigul, Dindigul District.11/12 https://www.mhc.tn.gov.in/judis WP(MD)Nos.20308 and 20309 of 2021 B.PUGALENDHI, J.ogy WP(MD)Nos.20308 and 20309 of 202129.01.202512/12