1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI Writ Petition (MD)Nos.547 to 549 of 2011 P.Thangarasu ... Petitioner in W.P.No.547/11 S.George ... Petitioner in W.P.No.548/11 T.Packiaraj ... Petitioner in W.P.No.549/11 Vs. 1.The Director of Town Panchayats, Kurazhagam, Chennai. 2.The Assistant Director of Town Panchayats, Dindigul Region,Collectorate Complex, Dindigul. 3.The Executive Officer, Aravakurichi Town Panchayt, Aravakurichi, Karur District. ... Respondents in all W.Ps. Prayer: Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writs of Mandamus to direct the respondents to regularise the petitioners' service in the post of Sanitary Worker with effect from 11.11.2001, 01.02.2002 and 01.02.2002 respectively i.e, the date on which the petitioner completed three years of service on consolidated pay and consequently direct the respondents to place the petitioner on time scale of pay with effect from 11.11.2001, 01.02.2002 and 01.02.2002 respectively and pay arrears of pay and other attendance benefits payable to the petitioner with effect from 11.11.2001, 01.02.2002 and 01.02.2002 respectively. For petitioner in both W.Ps. ... Mr.A.Rahul For respondents 1 & 2 ... Mr.T.S.Mohammed Mohideen Additional Government Pleader For respondent 3 ... Mr.R.Manoharan https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner in W.P.No.547 of 2011 was appointed as NMR on daily basis under the third respondent Town Panchayat with effect from 01.09.1997. Subsequently he was made as a Sanitary Worker on consolidated pay with effect from 16.11.2001. The petitioners in W.P.Nos.548 and 549 of 2011, were also appointed as NMRs on 01.02.1999 on daily basis under the third respondent Town Panchayat and on consolidated pay as Sanitary Workers in the third respondent Panchayat at Rs.900/- per month with effect from 01.02.2002. 2. The petitioners were working in the said capacity as on date. By virtue of G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997, the Government has directed that in respect of the appointment of such persons on NMR basis and on consolidated pay, their work must be assessed every year and on completion of three years of service, they can be considered for the purpose of regular time scale of pay and consequently regularised. That was again reiterated by the Government in G.O.Ms.No.84 Municipal Administration and Water Supply Department (TP2), dated 21.05.1998. 3. The learned Additional Government pleader would vehemently oppose the relief sought for by the petitioners on the ground that while two other persons, who approached this Court earlier at appropriate time. However, these petitioners have approached this Court after a lapse of long years and hence these writ petitions are liable to be dismissed on the point of latches. I do not agree with the said stand taken by the learned Additional Government Pleader. 4. It is seen that the case of the petitioners, they have been recommended for regularisation on the basis that they have completed three years of service as per the Government order in G.O.Ms.No.84 stated above. It is, in those circumstances, the Executive Officer of the Panchayat in his communication, dated 12.03.2002, addressed to the Assistant Director has given a proposal for regularisation. However, the regularisation was not effected after completion of three years, on the ground that at that time, there was a ban on recruitment. It was after lifting the ban on recruitment, the petitioners' services were regularised from 23.06.2006. The petitioners are entitled for regularisation as per the Government orders after completion of three years. It is because of the ban, the right of regularisation cannot be obstructed. 5. Under similar circumstances, this Court has passed an order, in D.Venkatesan vs. Director of Town Panchayat and others in the order dated 07.09.2009 directing the Town Panchayat to consider the regularisation in the light of the above said Government orders from the date of completion of three years of service. In fact, such order has been followed subsequently in series of judgments. It is also brought to the notice of this Court that this Bench in W.P.(MD) No.5475 of 2008 in S.Mariappan vs. Commissioner of Municipal Administration and another in the order dated 02.12.2010 has issued a https://hcservices.ecourts.gov.in/hcservices/ 3 direction to give effect to the regularisation with effect from 2002, namely, after completion of three years of service, as per the Government order. It is not in dispute that the said order of the learned Single Judge has been confirmed by the Division Bench also. 6. Applying the said ratio, which has been consistently laid down by this Court, these writ petitions stand ordered with a direction against the third respondent to consider the claim of the petitioners for granting time scale of pay and consequently regularise their service after completion of three years of service as per G.O.Ms.No.84 Municipal Administration and Water Supply Department (TP2), dated 21.05.1998, by passing appropriate orders and such order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Director of Town Panchayats, Kurazhagam, Chennai. 2.The Assistant Director of Town Panchayats, Dindigul Region, Collectorate Complex, Dindigul. 3.The Executive Officer, Aravakurichi Town Panchayt, Aravakurichi, Karur District. +1 CC to Mr.R.Manoharan, Advocate (SR.No.31373) +1 CC to Special Government Pleader (SR.No.31387) Writ Petition (MD) Nos.547 to 549 of 2011 13.09.2011 RR NSV/26.9.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/