IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 30..7..2008 Coram: The Hon'ble Mr. Justice K.CHANDRU W.P. No. 19317 of 1998 1. A. Ganesan 2. P. Rangan 3. K. Raman 4. Kanakaraj 5. P. Arusamy 6. N. Panchalingam 7. C. Veerappan 8. P. Devaraj 9. O. Kittan 10. M. Arumugam .. Petitioners Vs. 1. State of Tamil Nadu Rep. by Secretary to Government Municipal Administration and Water Supply Department Chennai - 09 2. The Commissioner of Municipal Corporation Coimbatore .. Respondents Petition filed under Article 226 of the Constitution of India seeking for issuance of writ of Mandamus directing the respondents to appoint the petitioners as Drivers in the existing posts by relaxing the rules relating to age and educational qualifications. For Petitioners : Mr. S. Ilamvaludhi For Respondent 1 : Mrs. C. K. Vishnupriya, AGP For Respondent 2 : Mr. R. Sivakumar ORDER Heard the arguments of the learned counsel for the parties and perused the records. 2. The petitioners were all employed as Drivers in the Municipal Corporation at Coimbatore and they seek for a direction to the respondents to appoint them as Drivers in the existing posts by relaxing the age and educational qualifications. https://hcservices.ecourts.gov.in/hcservices/ 3. According to the petitioners, they were initially appointed as substitute Sanitary Workers in the Coimbatore Municipality, which was subsequently upgraded as Corporation. Some of them are working from the year 1963 and others are from 1981 and 1988. They were all absorbed into regular establishment and were to the time-scale of pay and they were required to serve as Drivers of lorries from 20.12.1996. Subsequently, the Corporation purchased three wheeler Auto Rickshaws in March 1997 and the petitioners, who are in possession of driving licences, were required to work as Drivers from 12.3.1997 and they are continuing till date. The petitioners also claimed that they are also having possession of Heavy Vehicle Licence but instead of regularising their service, the respondents had advertised in the daily newspaper on 23.8.1998 that they are going to recruit Drivers from open market for the Corporation. According to the petitioners, under the new Rules, 10th Std. is prescribed for the post of Drivers. But at the time of their appointment, the said qualification was not prescribed. By G.O. Ms. No. 21 Municipal Administration and Water Supply Department dated 02.3.1998, the Government had prescribed the procedure for making appointment to the post of Drivers in the said G.O. 4. Pending the writ petition, this Court vide order dated 27.12.2002, directed that any appointment made will be subject to the result of the writ petition. 5. On behalf of the Corporation, a counter affidavit dated 18.8.1999 has been filed. It is admitted in paragraph 3 of the counter that the Corporation had purchased 16 autorickshaws and the Sanitary workers, who are willing, were employed as Drivers to drive the autorickshaws. Though it is claimed that they had been driving the autorickshaws till date, but the Municipal Corporations General Subordinate Service Rules, 1996 prescribes 10th Std. as minimum educational qualification for the post of Drivers. It was also admitted that by G.O. Ms. No. 13 Municipal Administration and Water Supply Department dated 13.01.1999, the Government had given directions that persons with qualification of a pass in 8th Std. with proper driving licence, can be promoted as Drivers by relaxing the Rules. In terms of the said G.O., only two persons were having qualification and for the remaining 16 cleaners, relaxation had to be made. Even the Rules for filling up the posts of Drivers will have to be done on the ratio of 1:1 and it cannot be done only by promotion as demanded by the petitioners. 6. It is seen from G.O. No. 21 Municipal Administration and Water Supply Department dated 02.3.1998 that the Government had granted the Corporation liberty to absorb the existing Drivers by granting necessary relaxation from the conditions of Employment Exchange or getting their names registered with the Employment Exchange and appoint them. The petitioners were already regular https://hcservices.ecourts.gov.in/hcservices/ workers in the service of the Corporation and since the Government had granted liberty to recruit them provided they have qualifications, there is no impediment for the Corporation in recruiting these employees. 7. In fact, by G.O. Ms. No. 22 Municipal Administration and Water Supply Department dated 13.4.1998, the State Government had relaxed the qualification in respect of one Driver Gurunathan in the Tirunelveli Corporation. Hence, there is no reason why the petitioners' qualification cannot be relaxed in the light of the earlier Government Order. Therefore, the Corporation is hereby directed to consider the case of the petitioners for regularising them in the post of Drivers which post they are already holding by virtue of the option given by the Corporation. This is all the more so as the earlier work of collecting garbage through bullock- carts was abolished and the petitioners are doing the said work after purchase of autorickshaws for the said purpose. This exercise by the Corporation shall be undertaken within a period of eight weeks from the date of receipt of a copy of this order and the petitioners should be informed accordingly. 8. This writ petition stands allowed in the above terms. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. gri To 1. The Secretary to Government Municipal Administration and Water Supply Department Chennai - 09 2. The Commissioner of Municipal Corporation Coimbatore + 1 CC To Mr.R.Siva Kumar, Advocate SR NO.41320 + 1 CC to the Government Pleader SR NO.41527 + 1 CC To Mr.S.Ilamvaluthi, Advocate SR NO.41087 BK {CO} Order in TP/8.8.08 W.P. No. 19317 of 1998 https://hcservices.ecourts.gov.in/hcservices/