IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.48335 of 2006 (T) (O.A.No.918 of 2001) M.Krishnaswamy ..Petitioner Versus 1.The Commissioner, Nagercoil Municipality, Nagercoil. 2.The Commissioner of Municipal Administration, Chepauk, Chennai-5. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai-9. ..Respondents Prayer: Petition filed seeking for a Writ of Mandamus, to direct the respondents to appoint the applicant to the post of Turn Cock in the 1st respondent municipality by relaxing the rules with respect to educational qualification with all consequential service and monetary benefits and grant him such other relief as this Hon'ble Court may deem fit under the circumstances, arising out of this case. For Petitioner : Mr.K.Venkataramani, Senior Advocate for Mr.T.Ayngaraprabhu For Respondents : Mr.C.Kalaiselvam (R1) Mr.V.Arun Additional Government Pleader (R2 & R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner's father, Mahalingam, had died, on 12.8.1980, while he was in service, as a permanent employee, in Nagercoil Municipality. Since the family of the deceased employee was in indigent circumstances, the first respondent, with the concurrence of the second respondent, had appointed the petitioner, as a Nominal Muster Roll employee, in Nagercoil Municipality, on daily wage basis, on 28.6.1985. Thereafter, the petitioner has been working as a Nominal Muster Roll employee, in the Water Supply Department, as a Tank Valve Operator. As such, he is fully trained to handle water supply equipments etc. To be appointed as a Turn Cock, in the Municipal Service, the educational qualification required is a pass in 8th standard. Further, the candidate must have an experience of three years in Water Supply service. The petitioner having served in the Water Supply Department of the Municipality, for over 15 years, he is fully qualified, except in respect of the educational qualification, as he has studied only up to VI standard. Even though the petitioner has been making a number of representations to the Municipal authorities concerned, to regularise the service of the petitioner, no order has been passed, in his favour, till date. 3. In the reply affidavit filed on behalf of the first respondent it has been stated that the post of Turn Cock, is under the Tamil Nadu Last Grade Service Rules, 1975. The petitioner who has been working in the Water Supply Department, for over 15 years, does not have the minimum qualification for the post of Turn Cock, which is a pass in 8th standard. Since the petitioner had failed in 6th standard, his request, for being considered for the post of Turn Cock, cannot be accepted. 4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had brought to the notice of this Court the communication of the second respondent, dated 9.7.1999, sent to the Commissioner, Nagercoil Municipality, the first respondent herein, wherein, it has been stated that the name of the petitioner is in the list of daily wage employees. For considering his request for being regularised in service, the cases pending before the Courts/Tribunals have to be withdrawn. 5. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents and in view of the said communication of the second respondent, dated 9.7.1999, it is clear that the name of the petitioner has been under consideration for being considered to be regularised in service. In such circumstances, the second respondent is directed to consider the request of the petitioner, for being regularised in service, if it had not been done, till date, in view of his proceedings, dated https://hcservices.ecourts.gov.in/hcservices/ 9.7.1999, and pass appropriate orders thereon, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.The Commissioner, Nagercoil Municipality, Nagercoil. 2.The Commissioner of Municipal Administration, Chepauk, Chennai-5. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai-9. + 1 c.c. to M/s. C. Kalaichelvan, Advocate. S.R.No.33318. + 1 c.c. to M/s. T. Ayngaraprabhu, Advocate. S.R.No.33752. + 1 c.c. to The Government Pleader. S.R.No.33752. Writ Petition No.48335 of 2006 (T) (O.A.No.918 of 2001) SR (CO) GSK 14.08.2009. https://hcservices.ecourts.gov.in/hcservices/