IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.04.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.24342 of 2010 & M.P.No.1 of 2010 Tmt. P.Shanthi ... Petitioner Versus The Executive Officer Tiruverkkadu Third Grade Municipality Thiruverkkadu Chennai – 600 077 ... Respondent Writ Petition is filed under Article 226 of Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the respondent in and by his Memo in Roc.No.545/2010, dated 14.10.2010 and quash the same and direct the respondent to absorb or post the petitioner as Record Clerk by considering the educational qualification possessed by the petitioner and also taking into account of her practical knowledge in clerical work . For Petitioner : Mr. P.P.Shanmugasundaram For Respondent : Mr. I.Paranthaman ORDER The petitioner-P.Shanthi has filed the present Writ Petition seeking for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in and by his Memo in Roc.No.545/2010, dated 14.10.2010 and quash the same and direct the respondent to absorb or post the petitioner as Record Clerk by considering the educational qualification possessed by the petitioner and also taking into account of her practical knowledge in clerical work. 2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Non Muster Role Worker in the erstwhile Maduravoil Town Panchayat of Thiruvallur District, during the year 1996. When she was appointed in the year 1996, she was admittedly possessing the required educational qualification viz., +2 which is requisite to hold the post of Junior Assistant or Bill Collector or Record Clerk. While, she was working in that capacity, the Government https://hcservices.ecourts.gov.in/hcservices/ issued a G.O.Ms.No.270, Municipal Administration and Water Supply (Election) Department, dated 11.06.2004, reclassifiing 566 Town Panchayats as Village Panchayats and 45 Town Panchayats as Third Grade Municipalities and the constitution came into effect from 14.06.2004. The Maduravoil Town Panchayat is one among the 45 Third Grade Municipalities, and from 14.06.2004, the petitioner came to the service of the Municipality. The petitioner along with four other Non Muster Role Workers of Maduravoil Third Grade Municipality filed a Original Application No.2377 of 2004 in the erstwhile Tamil Nadu Administrative Tribunal praying for regularisation of their services in suitable Clerical post on time scale of pay with all consequential and attendant benefits as laid down in G.O.(Ms).No.125, Municipal Administration and Water Supply Department, dated 27.05.1999. The Tribunal by order dated 02.06.2004 allowed the said Application. Subsequently, it was noticed that, the petitioners were inadvertently described as Sanitary Employees and the Government Orders were wrongly quoted. Therefore, the order passed by the Tribunal could not be implemented. Finally, when the Tribunal also came to be abolished it was very difficult to rectify the said error. As a result, the petitioner and four others approached this Court by filing W.P.No.4533 of 2005 and this Court by an order dated 31.03.2005, passed the following order:- " In the order of the Tribunal the reference to G.O.Ms.No.198, dated 26.10.1998 and G.O.Ms.No.199 dated 12.08.1997 wherever found would stand deleted. Instead in those places G.O.Ms.No.125 dated 27.05.1999 would stand substituted. It is also made clear that the writ petitioners were not appointed on any consolidated pay but only on nominal muster role. The Writ Petition stand disposed off. Consequently, connected Miscellaneous Petition is closed. The second respondent herein would implement the order of the Tribunal, as it stand corrected by this order on or before 31.05.2005." 3. In compliance of the order passed by this Court, the Commissioner of Municipal Administration in his proceedings Roc.No.14399/2006/S6, dated 05.04.2006 brought all the petitioners including the petitioner under time scale of pay and designated the petitioner as Sanitary Supervisor, for the simple reason that there was no post of Record Clerk vacant at that point of time. Therefore, the grievance of the petitioner at this juncture is, when the Commissioner of Municipal Administration in his proceedings dated 05.04.2006 posted the petitioner as Sanitary Supervisor on the ground that no Record Clerk post was vacant at that point of time, later on when a vacancy has arisen for the post of Record Clerk, the petitioner could be considered for the reason that she is a lady employee and she is also not able to work in the early morning from 6.00 a.m. to 11.00 a.m. and in the afternoon from 2.00 p.m. to 5.30 p.m. In this connection, when https://hcservices.ecourts.gov.in/hcservices/ representation has given was also rejected by the respondent by the impugned order dated 14.10.2010, aggrieved by the said impugned order, the present Writ Petition has been filed. 4. The submission made by the learned counsel for the petitioner that the petitioner was appointed as Sanitary Inspector admittedly on 05.04.2006 as there was no vacancy in the post of Record Clerk, and subsequently, when a vacancy has arisen for the post of Record Clerk, the case of the petitioner can be sympathetically considered in view of the availability of vacancy for the post of Record Clerk, needs to be accepted. 5. Mr. I.Paranthaman, learned Additional Government Pleader appearing for the respondent also submits that the petitioner was appointed to the post of Sanitary Inspector because there was no vacancy in the post of Record Clerk. But, as on today, he also admits that there is a vacancy in the post of Record Clerk. 6. In view of the submissions of the learned counsel appearing on either side that the post of Record is vacant as on today and taking note of the fact that the petitioner, before being appointed in the post of Sanitary Inspector, she was working as Record Clerk, the respondent is directed to appoint the petitioner in the available vacancy as Record Clerk. Accordingly, the Writ Petition is allowed and the impugned order dated 14.10.2010 is set aside. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar smn To The Executive Officer Tiruverkkadu Third Grade Municipality Thiruverkkadu Chennai – 600 077 +1cc to Mr.I.Paranthamen, Advocate Sr 29908 +1cc to Mr.P.P.Shanmugasundaram, Advocate Sr 29797 NR(CO) km/23.5. W.P.No.24342 of 2010 https://hcservices.ecourts.gov.in/hcservices/