1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI Writ Petition(MD)Nos.1943, 2371 to 2374 and 2183 to 2196 of 2011 S. Muthu ..Petitioner in WP.(MD)No. 1943 of 2011 M. Mariappan ..Petitioner in WP.(MD)No. 2371 of 2011 M. Sornabai ..Petitioner in WP.(MD)No. 2372 of 2011 G. Madasamy ..Petitioner in WP.(MD)No. 2373 of 2011 K. Ammavasai ..Petitioner in WP.(MD)No. 2374 of 2011 K. Karuppaiah ..Petitioner in WP.(MD)No. 2183 of 2011 C. Pitchaimuthu ..Petitioner in WP.(MD)No. 2184 of 2011 R. Susseela ..Petitioner in WP.(MD)No. 2185 of 2011 M. Souriammal ..Petitioner in WP.(MD)No. 2186 of 2011 S. Kanaga Sabesh ..Petitioner in WP.(MD)No. 2187 of 2011 A. Sonaimuthu ..Petitioner in WP.(MD)No. 2188 of 2011 K. Muniyandi ..Petitioner in WP.(MD)No. 2189 of 2011 K. Manikandan ..Petitioner in WP.(MD)No. 2190 of 2011 V. Nagarani ..Petitioner in WP.(MD)No. 2191 of 2011 S. Bose ..Petitioner in WP.(MD)No. 2192 of 2011 S. Subramanian ..Petitioner in WP.(MD)No. 2193 of 2011 S. Marimuthu ..Petitioner in WP.(MD)No. 2194 of 2011 K.S. Veeramani ..Petitioner in WP.(MD)No. 2195 of 2011 B. Panchavarnam ..Petitioner in WP.(MD)No. 2196 of 2011 Vs. https://hcservices.ecourts.gov.in/hcservices/ 2 1.State of Tamil Nadu rep. by its Secretary, Youth Welfare & Sports Development Department., Secretariat, Chennai - 600 009. 2.The Director, National Cadet Corps Directorate, Tamil Nadu, Pondicherry and Andhaman Nichobar, Fort St., George, Chennai – 600 009. ..Respondents 1, 2 in WP. 1943, 2371 TO 2374 OF 2011 3.Group Commander, NCC Group Headquarters, No.86/1, P.T.Rajan Road, Madurai-2. ...3rd Respondent in WP.No. 1943 of 2011 Group Commander, NCC Group Head Quarters, F 6/1, P.T. Rajan Road, Madurai 2. ..Respondent 3 in WP.Nos. 2372 to 2374 of 2011 Group Commander, NCC Group Head Quarters, Trichy 1. ..Respondent 3 in WP. 2371 OF 2011 The Commanding Officer, 11, Tamil Nadu Battalion NCC, No. 66, Water Tank Road, Nagercoil, Kanyakumari District. ..Respondent 4 in WP.No. 2372 of 2011 The Commanding Officer, 29(TN) INDEPCOY NCC, 16, Toovipuram, 9th Steet, Thoothukudi 628 003. ..Respondent 4 in WP.No. 2373 of 2011 The Commanding Officer, 14(TN) BN NCC, Dindigul. ..Respondent 4 in WP.No. 2374 of 2011 The State of Tamil Nadu, Rep by its Secretary, Department of Municipal Administrative and Water Supply Department, Secretariat, Chennai 9. ..1st Respondent in WP.Nos. 2183 to 2196 of 2011 The Commissioner of Municipal Administration, Office of The Commissioner of Municipal Administration, Chepauk, Chennai 5. ..2nd Respondent in WP.Nos. 2183 to 2196 of 2011 The Commissioner of Paramakudi Municipality, Paramakudi, Ramanathapuram District. ..3rd Respondent in WP.Nos. 2183 to 2196 of 2011. https://hcservices.ecourts.gov.in/hcservices/ 3 PRAYER IN WP.Nos.1943, 2371 and 2374 OF 2011 : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to regularise the service of the petitioner in time scale of pay by considering the representation of the petitioners dated 20.09.2010 and confer all consequential benefits. PRAYER IN WP.Nos. 2183, 2186, 2189, 2190, 2193 and 2196 of 2011: Petitions filed under Article 226 of the Constitution of India, prayed that this Honourable Court may be pleased To issue a WRIT OF MANDAMUS, directing the Respondents to regularize the Petitioner's service from the date of his joining in service as a Sweeper on 03- 07-1998 and fix the time scale of pay from that period as per the G.O.Ms.125 of Municipal Administration and Water Supply, dated 27- 05-1999 with consequential benefits from 03-07-1998 to 16-03-2006 within the time stipulated by this Honourable Court. PRAYER IN WP.Nos. 2184, 2185, 2188, 2192 and 2195 of 2011: Petitions filed under Article 226 of the Constitution of India, prayed that this Honourable Court may be pleased To issue a WRIT OF MANDAMUS, directing the Respondents to regularize the Petitioner's service from the date of his joining in service as a Sweeper on 11-11-1999 and fix the time scale of pay from that period as per the G.O.Ms.125 of Municipal Administration and Water Supply, dated 27-05-1999 with consequential benefits from 11-11-1999 to 16-03-2006 within the time stipulated by this Honourable Court. PRAYER IN WP.Nos. 2187 OF 2011: Petitions filed under Article 226 of the Constitution of India, prayed that this Honourable Court may be pleased To issue a WRIT OF MANDAMUS, directing the Respondents to regularize the Petitioner's service from the date of his joining in service as a Sweeper on 28-07-1998 and fix the time scale of pay from that period as per the G.O.Ms.125 of Municipal Administration and Water Supply, dated 27-05-1999 with consequential benefits from 28-07-1998 to 16-03-2006 within the time stipulated by this Honourable Court. PRAYER IN WP.No. 2191 of 2011: Petitions filed under Article 226 of the Constitution of India, prayed that this Honourable Court may be pleased To issue a Writ of Mandamus direction, directing the respondents to regularize the petitioner's service from the date of his joining in service as a Sweeper on 29.10.1998 and fix the time scale of pay from that period as per the G.O.Ms.125 of Municipal Administration and Water Supply, dated 27.05.1999 with consequential benefits from 29.10.1998 to 16.03.2006 within the time stipulated by this Honourable Court. https://hcservices.ecourts.gov.in/hcservices/ 4 PRAYER IN WP.No.2194 of 2011: Petitions filed under Article 226 of the Constitution of India, prayed that this Honourable Court may be pleased To issue a Writ of Mandamus direction, directing the respondents to regularize the petitioner's service from the date of his joining in service as a Sweeper on 16.07.1998 and fix the time scale of pay from that period as per the G.O.Ms.125 of Municipal Administration and Water Supply, dated 27.05.1999 with consequential benefits from 16.07.1998 to 16.03.2006 within the time stipulated by this Honourable Court. For Petitioners in WP.Nos. 1943, 2371 to 2374 of 2011: Mr.V.Panneer Selvam for M/S.C.S. Associates For Petitioners in WP.No.2183 to 2196 of 2011: Mr. T. Lajapathi Roy, Advocate For Respondents in WP.Nos. 1943, 2371 to 2374 of 2011: Mr.M.Govindan, Special Government Pleader. For Respondents 1 and 2 in WP.Nos. 2183 to 2196 of 2011: Mr. M. Govindan, Special Government Pleader. For Respondent 3 in WP.Nos. 2183 to 2196 of 2011: Mr. P. Srinivas, Advocate COMMON ORDER In all these cases, the petitioners were appointed on consolidated pay before the ban order came into existence. They have completed three years of service and when they have approached the authorities for regularisation of their service, the same was rejected. It is in these circumstances, the present writ petitions are filed for a direction to grant them time scale of pay and regularisation after three years from the date of completion of original date of appointment on consolidated pay. 2.This issue has been covered by unreported decision of the Division Bench of this Court made in W.A.(MD)No.273 of 2011, dated 02.03.2011 which has been followed by this Court also. 3.Accordingly, the writ petitions are allowed with a direction to the respondents to regularise the services of these petitioners from the date of completion of three years from their original date of appointment. Such orders shall be passed by the respondents, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. SD ASST REGISTRAR ( AE ) /TRUE COPY/ SUB ASST REGISTRAR sms https://hcservices.ecourts.gov.in/hcservices/ 5 To 1. THE SECRETARY TO THE STATE OF TAMIL NADU, YOUTH WELFARE & SPORTS DEVELOPMENT DEPARTMENT., SECRETARIAT, CHENNAI - 9. 2. THE DIRECTOR, NATIONAL CADET CORPS DIRECTORATE, TAMILNADU, PONDICHERRY AND ANDHAMAN NICHOBAR, FORT ST. GEORGE, CHENNAI - 9. 3. THE GROUP COMMANDER, NCC GROUP HEAD QUARTERS, NO.86/1, P.T.RAJAN ROAD, MADURAI - 2. 4. THE GROUP COMMANDER, NCC GROUP HEAD QUARTERS, TRICHY 5. THE COMMANDING OFFICER, 11, TAMIL NADU BATTALION NCC, NO.66, WATER TANK ROAD, NAGERCOIL, KANYAKUMARI DISTRICT 6. THE COMMANDING OFFICER, 29(TN) INDEPCOY NCC 16,TOOVIPURAM 9TH STREET, THOOTHUKUDI 628 003 7. THE COMMANDING OFFICER, 14(TN)BN NCC, DINDIGUL 8. THE SECRETARY TO THE STATE OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, SECRETARIAT CHENNAI 9 9. THE COMMISSIONER, MUNICIPAL ADMINISTRATION, OFFICE OF THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5 10. THE COMMISSIONER, PARAMAKUDI MUNICIPALITY, PARAMAKUDI, RAMANATHAPURAM DISTRICT. 5CC'S TO M/S. C.S. ASSOCIATES, ADVOCATES, SR: 33285, 33282, 33284, 33286, 33283. 1CC TO MR. T. LAJAPATHI ROY, ADVOCATE, SR: 33309: DM::2011:OCTOBER:::10:: Writ Petition(MD)Nos. 1943, 2371 to 2374 and 2183 to 2196 of 2011 23.09.2011 5PAGES:17CC'S https://hcservices.ecourts.gov.in/hcservices/