Allowed

R. Subburaj, v. the Secretary to Govt.

Madras HC11 Mar 2013WP(MD)/3352/2013

Case brief

AI extract

What is this about?

In a writ petition challenging the regularization of a Sanitary Worker, the Madurai Bench of Madras High Court allowed the petition. Relying on earlier precedents, it held the petitioner must be regularized from the date he completed three years of service rather than the actual regularization date, directing payment of enhanced salary and benefits.

What did the court decide?

Order regularizing service set aside; service to be regularized from date of completion of three years; respondents to pay enhanced salary and benefits.

R. Subburaj, Vs the Secretary to Govt. — Pension and Retirement Benefits | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2013

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CORAM

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THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN W.P.(MD)No.3352 of 2013 and .P.(MD)No.1 of 2013

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R.Subburaj ... Petitioner

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vs.

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The Secretary to Government, The State of Tamilnadu,

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Municipal Administration and

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Water Supply Department,

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St.George Fort, Chennai-600 009.

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The Executive Officer, Uthamapalayam Town Panchayat, Uthamapalayam and Taluk,

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Theni District. ... Respondents

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PRAYER:Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.305/2006/A1 dated 02.08.2006 on the file of the second respondent and quash the same insofar as the period of regularization from 06.03.2001 to 22.06.2006 and further directing the respondents to pay the enhanced salary and service benefits from 06.03.2001 to 22.06.2006 to the petitioner.

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For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.T.S.Mohamed Mohideen

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Additional Government Pleader R.1

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: Mr.V.Muruganandham

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Additional Government Pleader for R.2

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O R D E R

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This petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.305/2006/A1 dated 02.08.2006 on the file of the second respondent and quash the same in so far as the period of regularization from 06.03.2001 to 22.06.2006 and further directing the respondents to pay the enhanced salary and service benefits from 06.03.2001 to 22.06.2006 to the petitioner.

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2.The petitioner was appointed as Sanitary worker on 06.03.1998, pursuant to the G.O.Ms.No.199 dated 12.08.1997, initially for a period of three years with consolidated scale of pay. Thereafter, by the proceedings of the second respondent made in Na.Ka.No.305/2006/A1 dated 02.08.2006, they were brought into time scale of pay from 23.06.2006 and the same is challenged in this writ petition.

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3.It is the contention of the petitioner that as per the https://hcservices.ecourts.gov.in/hcservices/ G.O.Ms.No.199 and also as per the proceedings of the second respondent dated 06.03.1998, by which he was appointed, on completion

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of three years, his service will be regularized after getting the permission from the Government and his service was regularized only from 23.06.2006, and therefore the order of the first respondent is liable to be set aside and the petitioner ought to have been regularized from the date on which he completed three years of service as per the judgment rendered in W.P.No.113 of 2009 dated 07.09.2009 in the matter of D.Venkatesan -vs- The Director of Town Panchayat, Chennai-108 and two others and W.P.No.6369 of 2007 dated 21.09.2011 in the matter of Adhikesavan and another -vs- The Executive Officer, Mamallapuram Town Panchayat, Kancheepuram District and others and W.P.No.9586 of 2011 dated 12.10.2011 in the matter of M.Anandan and others -vs- The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai and two others .

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4.Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader submitted that as per the appointment order, on completion of three years, service will be considered for making them as permanent and the same was considered by this Court in various judgments referred above and they were made permanent on completion of three years of service. He further submitted that the judgments relied upon by the learned Counsel for the petitioner cannot be applied to them as they did not raise any objection when they were made permanent from the year 2006 by the reason of impugned order and after seeing others getting some orders, this writ petition is filed by belatedly and therefore the petitioner is not entitled to get the relief as prayed for.

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5.Though the petitioner has not challenged the order dated 02.08.2006, by which they were regularized into service from 23.06.2006 and not from the date of completion of three years of service, considering the judgments of this Court referred to above, the petitioner is entitled to be made permanent from the date of completion of three years of service from the initial appointment and therefore the petitioner is also entitled to get the same relief. Hence, in the light of the judgments referred to above, this writ petition is allowed and the order of the second respondent is set aside and the respondents are directed to regularize the service of the petitioner from the date of three years of service of completion of service. No costs. Consequently, the connected Miscellaneous petition is closed.

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Sd/Deputy Registrar(A/C)

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/True Copy/

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Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Secretary to Government, The State of Tamil Nadu, Municipal Administration and Water Supply Department,St.George Fort, Chennai-600 009.