IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2010 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.7857 of 2009 1. A.Palraj 2. M.Pal 3. Tmt. Muthammal 4. K.Murugan 5. C.Ponnusamy ... Petitioners Versus 1. The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 9. 2. The Commissioner, Municipal Administration, Chepauk, Chennai. 3. The Executive Officer, Valparai Third Grade Municipality, Coimbatore District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondents to regularise the services of the petitioners by brining them on time scale of pay immediately on completion of three years of service provided by G.O.Ms.No.199, Municipal Administration and Water Supply (Town Panchayat – II) Department, dated 12.08.1997, with all consequential and attendant benefits including pay fixation and arrears. For Petitioners : Mr.N.Balamuralikrishnan For Respondents 1-2 : Mr.V.Srikanth Additional Government Pleader For Respondent - 3 : Mr.I.Paranthamen - - - O R D E R The petitioners were appointed as Sanitary Workers in the Valparai Town Panchayat, which was later upgraded as Third Grade Municipality. They were appointed against the post of Sanitary https://hcservices.ecourts.gov.in/hcservices/ Workers sanctioned by the Director of Town Panchayat pursuant to G.O.Ms.No.199, Municipal Administration and Water Supply (Town Panchayat – II) Department, dated 12.08.1997. 2. The petitioners were sponsored by the Employment Exchange and they had undergone due process of selection. They were appointed during the year 1997-1998. As per the aforesaid G.O., they should be paid consolidated wages for three years and on completion of three years, they would be brought to time scale of pay. They completed three years of service in April/June 2001. 3. In fact, the Municipality sent a proposal on 27.07.2001 for regularisation and granting time scale of pay on completion of three years service. Later, the third respondent- Municipality passed an order dated 28.02.2006 granting the petitioners time scale of pay from the date of issuance of order. The petitioners have come up with this writ petition seeking for a direction to the respondents to regularise their services by brining them on time scale of pay immediately on completion of three years of service provided by G.O.Ms.No.199, Municipal Administration and Water Supply (Town Panchayat – II) Department, dated 12.08.1997, with all consequential and attendant benefits including pay fixation and arrears. 4. Notice of motion was ordered on 27.04.2009. 5. The third respondent filed counter affidavit. 6. Heard N.Balamuralikrishnan, learned counsel for the petitioners and Mr.V.Srikanth, learned Additional Government Pleader for the first and second respondents; Mr.I.Paranthaman, learned counsel for the third respondent. 7. The learned counsel for the petitioners submits that as per G.O.Ms.No.199 referred to above and also as per decision of this Court in C.Kittusamy & others Vs. The Secretary to Government, Municipal Administration and Water Supply Department in W.P.No.25620 of 2006 on 18.09.2009, the petitioners are entitled to time scale of pay on completion of three years of service. The learned counsel for the petitioners further submits that the detailed order made in W.P.No.25620 of 2006 dated 18.09.2009 was confirmed by the Hon'ble First Bench of this Court in Writ Appeal Nos.47 and 385 of 2010 on 23.06.2010. 8. On the other hand, learned counsel for the respondents submits that due to the financial crunch faced by Town Panchayats, the petitioners are not entitled to time scale of pay on completion of three years of service and they are entitled to the same only from the date of issuance of the order granting time scale of pay. https://hcservices.ecourts.gov.in/hcservices/ 9.I have considered the submissions made on either side. 10. G.O.Ms.No.199 referred to above makes it very clear that the petitioners are entitled to time scale of pay immediately on completion of three years of service. Further, in an identical circumstances, this Court categorically held that the Municipality is bound to give time scale of pay on completion of three years of service in terms of G.O.Ms.No.199. The order of the learned single Judge was confirmed by the Hon'ble First Bench of this Court in Writ Appeal Nos.47 and 385 of 2010 on 23.06.2010 as correctly contended by the learned counsel for the petitioner. Furthermore it seems from the counter affidavit filed by the third respondent that the petitioners already got a direction from the Tamil Nadu Administrative Tribunal to bring them to time scale of pay in terms of G.O.Ms.No.199 and that the order of the Tribunal became final. 11.In these circumstances, the petitioners are entitled to succeed. Accordingly, the respondents are directed to regularise the services of the petitioners by brining them to time scale of pay immediately on completion of three years of service as provided under G.O.Ms.No.199, Municipal Administration and Water Supply (Town Panchayat – II) Department, dated 12.08.1997, with all consequential and attendant benefits, including pay fixation and arrears, within a period of eight weeks from the date of receipt of a copy of this order. 12.The writ petition is disposed of with the above direction. No costs. r n s Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 9. 2. The Commissioner, Municipal Administration, Chepauk, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The Executive Officer, Valparai Third Grade Municipality, Coimbatore District. + 1 cc to Mr. I. Paranthamen, Advocate SR No.51562 + 1 cc to Government Pleader, SR No.51370 + 1 cc to Mr. V. Vijay Shankar, Advocate SR No.51276 GGK(CO) SR/4.8.2010 W.P.No.7857 of 2009 https://hcservices.ecourts.gov.in/hcservices/