Managing Director v. M.Mari, Full Time Over Head

J U D G M E N T (Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) Challenging the order dated 04.06.2013 in W.P.No.13455 of 2013 by this Court, this Writ Appeal has been filed.

¶2The appellant is the 6th respondent in the writ petition and the respondents 1 to 15 herein are the writ petitioners in W.P.No.13455 of 2013. The writ petitioners were appointed in various posts, viz., Overhead Tank operator, scavenger, Gate Value operator, Sweeper and Plumber on consolidated pay, on various dates from the year 1981 to 2005, in the erstwhile Kottivakkam Panchayat, which now comes under the Corporation of Chennai. They filed the above said writ petition to bring their service into regular time scale of pay from the date on which they completed three years of service, as per G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997; G.O.Ms.No.84 Municipal Administration and Water Supplies Department, dated 21.05.1988; and also in term of the judgement of the Division Bench of this Court in W.A.No.47 and 385 of 2010 dated 23.06.2010, with all consequential and monetary benefits.

¶3The Writ Court, by order dated 04.06.2013, directed the first respondent, namely, Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George,Chennai, to grant scale of pay to the petitioners from the date, when they completed three years of service on consolidated pay, with all consequential service and monetary benefits, within a period of 8 weeks from the date of receipt of the order.

¶4Challenging the above order, the 6th respondent in the Writ Petition, namely, the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, has filed the present appeal on various grounds. The main contention of the appellant is that the above said G.O.Ms.No.199, dated 12.08.1997, is applicable only to sweepers in Town Panchayats alone and not to the writ petitioners, who were appointed as overhead tank operators in the Kottivakkam Panchayat.

¶5The learned Senior Counsel appearing for the appellant/6th respondent submitted that some of the writ petitioners had already been submitted letters on 08.06.2017 and 15.06.2017, relinquishing their earlier service in the erstwhile local body, namely Kottivakkam Panchayat. Subsequently, the Board had passed a resolution dated 13.12.2018 and recommended the Government to regularize the service of the temporary workers. Accordingly, the Government has passed order in G.O.(Ms) No.103, Municipal Administration and Water Supply (MW1) Department, dated 08.08.2019, thereby, service of the temporary daily wage workers, transferred from erstwhile locals bodies was regularized from the date of resolution passed by the Board of Directors of CMWSS Board, dated

13.12.2018. Therefore, in view of G.O(Ms).No.103 dated 08.08.2019, the order of the Writ Court may be set aside.

¶6Heard the learned Senior counsel for the appellant and the learned Senior counsel for the writ petitioners and the learned Additional Government Pleader, appearing for the official respondents.

¶7The respondents 1 to 15 herein are the writ petitioners and in this appeal, prayer against respondents-2, 3, 6, 9, 10, 13 and 15 are given up.

¶8A perusal of the records shows that the writ petitioners and others, who were transferred from the erstwhile local bodies, are working as temporary workers in the CMWSS Board/appellant herein. Further, some of the writ petitioners had already submitted letters on 08.06.2017 and

15.06.2017, relinquishing their earlier service in the erstwhile local bodies, namely, Kottivakkam Panchayat. Subsequently, the CMWSS Board had passed a resolution dated 13.12.2018, and recommended the Government to regularize the services of the temporary workers, who were transferred from the erstwhile local bodies, subject to verification of original documents and they will be considered for fresh appointment uniformly in the post of Field Worker in the pay band of Rs.4800-10000 with grade pay of Rs.1300/- pay level-1 (Rs.15,700-50,000). Those temporary workers, who have completed the age of 60 years; or gone on unauthorized absence; or expired; or resigned, will not be eligible for the appointment.

¶9Subsequent to the recommendation made by the Board, the Government has passed an order in G.O.(Ms) No.103, Municipal Administration and Water Supply (MW1) Department, dated 08.08.2019, regularizing the services of the temporary daily wage workers, transferred from erstwhile locals bodies from the date of resolution passed by the Board of Directors of CMWSS Board, dated 13.12.2018.

¶10It is made clear that the dispute between the parties is only in respect of giving regularization with retrospective effect, from the date on which the writ petitioners completed three years of service. The respondents/writ petitioners disputed the letter dated 08.06.2017 and

15.06.2017. Therefore, it is open to the writ petitioners to challenge the above said Government Order in G.O.(Ms) No.103, Municipal Administration and Water Supply (MW1) Department, dated 08.08.2019, if so advised. At this Juncture, the learned counsel appearing for the respondents/writ petitioners also seeks liberty to challenge the above said Government Order.

¶11Accordingly, the order passed by the Writ Court is set aside and the Writ Appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed. If the writ petitioners challenge the above said G.O.(Ms) No.103 dated 08.08.2019, the parties to the Writ Appeal are at liberty to agitate all the grounds raised in the Writ Appeal, before the appellate authority. (D.K.K.J.) (K.G.T.J.)

17.03.2023

Index : Yes/No Internet : Yes/No mst To

¶1Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

¶2The Director of Town Panchayat Kuralagam Buildings, Chennai 600 108.

¶3The Commissioner, Municipal Administration, Chepauk, Chennai 600 005.

¶4The Commissioner, Corporation of Chennai. Ripon Building, Chennai 600 003.

¶5The Executive Engineer, Corporation of Chennai, Zone XIV, Zonal Office, Puzhudhivakkam, Perungudi, Chennai.

D.KRISHNAKUMAR, J. and

K.GOVINDARAJAN THILAKAVADI, J. mst

17.03.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2023 CORAM : THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI W.A.No.320 of 2018 and CMP No.2607 of 2018 The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chindatripet, Chennai 600 002. ... Appellant Vs. 1. M.Mari 2. C.Rajammal 3. V.Yesaiah 4. A.Ramasamy 5. R.Jgannadhan 6. R.Kuppan 7. G.Ravi 8. M.Udayakumar 9. Y.Subbamma 10. J.Velankanni 11. K.Gnanam 12. R.Desingh 13. A.Sakthivel 14. K.Pushpalingam 15. P.Gopal 16. Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009. 17. The Director of Town Panchayat Kuralagam Buildings, Chennai 600 108. 18. The Commissioner, Municipal Administration, Chepauk, Chennai 600 005. 19. The Commissioner, Corporation of Chennai. Ripon Building, Chennai 600 003. 20. The Executive Engineer, Corporation of Chennai, Zone XIV, Zonal Office, Puzhudhivakkam, Perungudi, Chennai. ... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 04.06.2013 made in W.P.No.13455 of 2013 by this Court. For Appellant : Mr.P.Wilson, Senior Counsel for Mr.Krishna Ravindran For Respondents : Mr. K.Venkataramani, Senior Counsel for M/s G.Bala & Daisy for R1, R4, R5, R7, R8, R11, R12 and R14 Mr.P.Anandakumar, Additional Govt.Pleader for R16, R17 and R18 Mr.S.Silamnabanan, Additional Advocate General for Mr.S.Gopinathan for R19 and R20 R2, R3, R6, R9, R10, R13 & R15 -Given up.