IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2010 CORAM : THE HONOURABLE MR.JUSTICE S.TAMILVANAN W.P.No.13959 of 2008 and M.P.No.1 of 2008 1.M.Kalyanasundaram, 2.S.Sivakumar, 3.G.Natarajan, 4.B.Saravanan, 5.S.Udayakumar, 6.K.Masilamani, 7.K.Mariappan, 8.N.Mani, 9.R.Kasinathan, 10.S.Baskaran, ... Petitioners Vs. 1.The Commissioner of Municipal Administration, Chepauk, Chennai-5, 2.The Commissioner, Chidambaram Municipality, Chidambaram, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus, calling for the records connected with proceedings issued in Na.Ka.No.2491/2006/E1, dated 10.07.2007 by the second respondent and to quash the same and consequently to direct the respondents to appoint the petitioners in the regular vacancies as sweepers and regularize the petitioners services in the same post. For Petitioners : Mr.S.Ilamvaludhi For Respondents : Mr.A.Edwin Prabhakar, A.G.P. for R1 Mr.M.Dhandapani, Spl.G.P. for R2 https://hcservices.ecourts.gov.in/hcservices/ O R D E R The writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of writ of Certiorarified Mandamus, calling for the records connected with proceedings issued in Na.Ka.No.2491/2006/E1, dated 10.07.2007, by the second respondent and to quash the same and consequently to direct the respondents to appoint the petitioners in the regular vacancies as sweepers and regularize the petitioners services in the same post. 2. This writ petition was adjourned on various dates and the learned counsel appearing for the respondents were directed to verify the vacancy position. It is an admitted fact that on compassionate ground, some of the vacancies were filled up by the second respondent, however still there are vacancies available under the administration of the second respondent. The learned counsel appearing for the respondents submitted that the relief sought for by the petitioners in this writ petition is not a matter of right. The Government have issued various G.Os to fill up the vacancies based on the guidelines given by the Government. Both the learned counsel drew the attention of this Court to the G.O.Ms.No.125 (Municipal Administration and Water Supply Department), dated 27.05.1999, which directs the authorities to regularise the service of daily casual workers, after completing ten years of service, as permanent employees on the time scale of pay and the G.O. is applicable for sweepers, casual drivers and other manual workers and for regularising their service from 01.10.1996 the Corporation other than the Chennai and other corresponding municipalities. Accordingly, the service of the workers have to be considered. It has to be decided based on the service, prior to 31.12.1996. 3. As contended by the learned Special Government Pleader appearing for the second respondent, the petitioners have not put in the required qualification of ten years of service as daily wages prior to the specified date. However, it is not in dispute that they have served for number of years as casual labourers and the respondents have admitted that the petitioners are sweepers and manual workers. As there are regular vacancies, considering the fact that the petitioners are under the second respondent as casual workers for a long time, this Court finds it reasonable to issue suitable direction to consider the petitioners for regularization on humanitarian grounds. Accordingly, this Court directs the second respondent to consider the representation made by the petitioners and pass appropriate orders within the time specified in this Order. 4. The petitioners are permitted to make written representation with the copy of this order within a period of two weeks from the date of receipt of a copy of this order and the second respondent is directed to pass appropriate orders within a period of six weeks thereafter. https://hcservices.ecourts.gov.in/hcservices/ 5. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar krk To 1.The Commissioner of Municipal Administration, Chepauk, Chennai-5, 2.The Commissioner, Chidambaram Municipality, Chidambaram. 1 cc To The Government Pleader, SR.58171 1 cc To Mr.S.Ilamvaludhi, Advocate, SR.57522 W.P.No.13959 of 2008 pkb(co) pmk.16.8.2010. https://hcservices.ecourts.gov.in/hcservices/