IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.2.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.8737 of 2006 1 P. MURUGAN [ PETITIONER ] Vs 1 THE DISTRICT COLLECTOR TIRUVALLUR DISTRICT TIRUVALLUR. 2 THE COMMISSIONER VILLIVAKKAM PANCHAYAT UNION AT AMBATTUR, CHENNAI-53. 3 THE ADDITIONAL BLOCK DEVELOPMENT OFFICER VILLIVAKKAM PANCHAYAT UNION VILLIVAKKAM CHENNAI-49. 4 THE PANCHAYAT PRESIDENT NERKUNDRAM PANCHAYAT BOARD VILLIVAKKAM PANCHAYAT UNION VILLIVAKKAM CHENNAI-49. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to regularise the services of the petitioner in the cadre of Supervisor for Scavengers at the office of the 4th respondent from the date of his initial appointment (i.e., 31.12.1992) with all consequential and other monetary benefits. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.K.Venkatramani Senior Advocate for Mr.S.Srinivasan For respondents : Ms.C.K.Vishnupriya Additional Government Pleader for R1 Mr.N.Subbarayalu for R2 to R4 O R D E R This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondent to regularise the service of the petitioner, in the cadre of supervisor for scavengers, in the office of the fourth respondent, from 31.12.1992, which is the date of his initial appointment in service, with all consequential monetary and other benefits. 2. The petitioner had stated that he had been appointed as a supervisor for scavengers, at the office of the fourth respondent, on daily wages basis, from 1.1.1993, by the order of the Commissioner- cum-Special Officer, Nerkundram, Villivakkam Panchayat Union, at Ambattur, made in Na.Ka.No.6440/92/A3, dated 31.12.1992. The petitioner had been working till 10.4.1998, continuously, without any break in service. 3. The petitioner had further submitted that he had joined as a supervisor, on 1.1.1993, on daily wages. While so, on 10.4.1998, the President of Nerkundram Panchayat Board, the fourth respondent herein, had orally instructed the petitioner not to continue in service, without any prior notice. In spite of several representations, the request of the petitioner, to be continued in service, had not been considered. In such circumstances, he had preferred the writ petition before this Court, in W.P.No.16091 of 1998. This Court, by its order, dated 16.4.1999, had issued a direction to the respondent therein to appoint the petitioner, as a supervisor for scavengers, on a permanent basis. 4. The petitioner had further submitted that in the writ appeal filed by the President of the panchayat Board, the fourth respondent in the present writ petition, a Division Bench of this Court, by its order, dated 12.9.2000, made in W.A.No.748 of 1999, confirmed the order, dated 16.4.1999, made in W.P.No.16091 of 1998. Even though the service of the petitioner ought to have been regularised, as a supervisor for scavengers, in the fourth respondent panchayat, from https://hcservices.ecourts.gov.in/hcservices/ the date of his initial appointment i.e., from 1.1.1993, he should have been regularised from service, atleast from 16.4.1999, as directed by this Court, by its order, dated 16.4.1999, in W.P.No.16091 of 1998. 5. In the counter affidavit filed on behalf of the second respondent, it has been stated that the petitioner had been continuing in service from the date of his appointment, only on a temporary basis. Since, the appointment had not been made in accordance with the service Rules applicable to such appointment and as his appointment had not been made against a sanctioned vacancy, the services of the petitioner cannot be regularised. 6. In view of the averments made in the affidavit filed in support of the writ petition and in the counter affidavit filed on behalf of the second respondent and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, it is seen that the petitioner had been appointed, temporarily, on daily wages basis, in the fourth respondent panchayat, from 1.1.1993. The petitioner had been working, as a supervisor for scavengers and his services had not been regularised by the respondents. Therefore, he had preferred a writ petition before this Court, in W.P.No.16091 of 1998. This court, by its order, dated 16.4.1999, had directed the fourth respondent to appoint him as a supervisor for scavengers, on a permanent basis, from 16.4.1999. The writ appeal filed by the fourth respondent, in W.A.No.748 of 1999, challenging the said order, had been dismissed, by an order, dated 12.9.2000, confirming the order of the single Judge, dated 16.4.1999, made in W.P.No.16091 of 1998. As such, the order, dated 16.4.1999, made in W.P.No.16091 of 1998, had become final. In such circumstances, it is not open to the respondents to claim that the services of the petitioner cannot be regularised, as he had not been appointed against a sanctioned vacancy, as per the applicable Rules of recruitment. 7. In such circumstances, it is clear that the services of the petitioner, as a supervisor for scavengers, should be deemed to have been regularised and he should be considered as a permanent employee in the said post, from 16.4.1999. Therefore, he would be eligible for all the monetary and other service benefits, as per the service Rules applicable to the petitioner. However, with regard to the regularisation of his service, from 1.1.1993, to 16.4.1999, it would be open to the petitioner to make a representation to the first respondent, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such representation, the first respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of four months thereafter. https://hcservices.ecourts.gov.in/hcservices/ The writ petition is ordered accordingly. No costs. Connected W.P.M.P.No.9661 of 2006 is closed. lan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To: 1 THE DISTRICT COLLECTOR TIRUVALLUR DISTRICT TIRUVALLUR. 2 THE COMMISSIONER VILLIVAKKAM PANCHAYAT UNION AT AMBATTUR, CHENNAI-53. 3 THE ADDITIONAL BLOCK DEVELOPMENT OFFICER VILLIVAKKAM PANCHAYAT UNION VILLIVAKKAM CHENNAI-49. 4 THE PANCHAYAT PRESIDENT NERKUNDRAM PANCHAYAT BOARD VILLIVAKKAM PANCHAYAT UNION VILLIVAKKAM CHENNAI-49. + 1 cc to Govt. Pleader SR.10488 + 1 cc to Mr.S.Srinivasan, Advocate SR.10382/11 KSJ (CO) RRI/5.3.2011 Writ Petition No.8737 of 2006 https://hcservices.ecourts.gov.in/hcservices/