1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.03.2011 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal(MD) No.273 of 2011 MP(MD)No.1 of 2011 1. The Commissioner of Municipal Administration, Chepauk, Chennai - 5. 2. The Commissioner, Kadayanallur Municipality, Kadayanallur, Tirunelveli District :Appellants -Vs- S. Mariappan :Respondent This writ appeal is preferred against the order of the learned single Judge in W.P.(MD)No.5475 of 2008 dated 2.12.2010. WP Prayer:Writ Petition is filed under article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to regularize the petitioner's service from 1.9.2002 as per G.O.125 of Municipal Administration and Water Supply Department, dated 27.5.1999 and subsequently direct the respondents to pay the arrears of Salary Calculating from 1.9.2002 to 1.3.2006 with all attendant benefits. For Appellants:Mr.D.Sasikumar For Respondent:Mr.T.S.Mohamed Mohideen JUDGMENT (Judgment of the Court was made by N.PAUL VASANTHAKUMAR, J.) This writ appeal is preferred against the order of the learned single Judge dated 2.12.2010 made in W.P.(MD)No.5475 of 2008, wherein the respondent has prayed for issuing a writ of mandamus directing the appellants herein to regularise the respondent's service from 1.9.2002 as per G.O.Ms.No.125 Municipal Administration and Water Supply Department dated 27.5.1999 and to pay the arrears of salary calculating from 1.9.2002 to 1.3.2006 with all attendant benefits. 2.The case of the appellants is that the respondent, who was employed as NMR from 1994 was given the post of Sweeper on 31.8.2001 in terms of G.O.Ms.No.125 Municipal Administration and Water Supply Department, dated 27.5.1999. However, before https://hcservices.ecourts.gov.in/hcservices/ 2 completion of one year, ban order was issued by the Government in G.O.Ms.No.463 Finance (CMPC) Department, dated 23.11.2001 and therefore, according to the appellants, only after lifting the ban order respondent's service can be brought under the time scale of pay and the same is also clarified in G.O.Ms.No.21 Municipal Administration and Water Supply (MC3) Department, dated 23.2.2006. Following the said Government Order, respondent's service was brought under time scale of pay from 1.3.2006 i.e, after lifting of the ban order. 3.The said contention cannot be accepted in view of the fact that the respondent was appointed as Sweeper on 31.8.2001 i.e, three months prior to imposition of ban order. Moreover, the ban order was issued only for fresh appointments. The respondent having been appointed as NMR in the year 1994 and in turn given the post of Sweeper on 31.8.2001, cannot be treated as fresh appointee. Hence the ban order cannot be applied to the respondent's case. 4.The learned single Judge considered the said aspect and allowed the writ petition giving direction to the appellants to give effect to the regularisation of the respondent's service from 1.9.2002 instead of 1.3.2006. We see no error in the said order warranting interference. The writ appeal is dismissed. No costs. Connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1. The Commissioner of Municipal Administration, Chepauk, Chennai - 5. 2. The Commissioner, Kadayanallur Municipality, Kadayanallur, Tirunelveli District +1CC to The Special Government Pleader. SR.No.11018. Vr RP/16.03.2011/2P/4C. W.A.(MD) No.273 of 2011 02-03-2011. https://hcservices.ecourts.gov.in/hcservices/