IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.44239 of 2006 (T) [O.A.No.5537 of 1999] SHAMSHATH BEGUM ... PETITIONER Vs 1. THE STATE OF TAMILNADU, REP.BY THE SECRETARY TO GOVT., RURAL DEVELOPMENT AND LOCAL ADMINSITRATION DEPT., FORT ST. GEORGE, CHENNAI-9. 2. THE DISTRICT COLLECTOR COIMBATORE DIST., COIMBATORE. 3. THE COMMISSIONER, UDUMALPET MUNICIPALITY, UDUMALPET 642 126. ... RESPONDENTS Original Application No.5537 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the third respondent and direct the third respondent to appoint the petitioner as Bill Collector/Divisional Clerk or Record Clerk against any one of the vacancies within a time frame to be fixed by the Tribunal. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.P.Balamanickam For respondents : Mr.S.Sivashanmugam Government Advocate for R1 and R2 : Mr.M.Devadoss for R3 https://hcservices.ecourts.gov.in/hcservices/ O R D E R Original Application No.5537 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records of the third respondent and direct the third respondent to appoint the petitioner as Bill Collector/Divisional Clerk or Record Clerk against any one of the vacancies within a time frame to be fixed by the Tribunal. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. Petitioner/applicant was working as Divisional Clerk in the third respondent Udumalpet Municipality and ousted from service from 4.4.1997. At the time of ousting, petitioner had put in more than three years of continuos service. Therefore, the petitioner seeks reinstatement and regularisation of service as Bill Collector/Divisional Clerk or Record Clerk and for other benefits. 3. Heard Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents 1 and 2. 4. A reply has been filed by the third respondent Municipality stating that the petitioner cannot claim regularisation as a matter of rule and that they are not appointed on a regular basis. 5. In this case, the fact is that the petitioner had served for more than three years and his service cannot be allowed to go waste. The respondents cannot hire and fire the persons at their will and pleasure. 6. Considering the grievance of the similarly placed persons, the Government had issued G.O.Ms.No.21 dated 2.3.1998 giving benefits to persons who were employed in similar cadre prior to 1.10.1996. In this case, the claim of the petitioner is that she was employed from 1993. 7. Learned counsel for the petitioner further contended that two other persons, viz., Mr.K.Jagadeesan and Mr.V.Parthibhan have been given the benefit of regularisation based on the orders passed by this Court in W.P.No.14471 of 19989 dated 25.3.1999 and in W.P.No.36636 of 2005 dated 22.2.2006 respectively. Therefore, the claim of the petitioner should be considered favourably. 8. In such view of the matter, the third respondent is directed to consider the claim of the petitioner for reappointment and regularisation considering the various Government Orders that have been passed from time to time, in particular G.O.Ms.No.21 dated https://hcservices.ecourts.gov.in/hcservices/ 2.3.1998 and the earlier orders of this Court referred to above in respect two other employees. The petitioner is entitled to make a further representation within a month from the date of receipt of a copy of this order to the concerned authority and the same shall be considered and disposed off on merits and in accordance with law within two months thereafter. This Writ Petition is disposed off with the above directions. No costs. Sd/- Assistant Registrar /True Copy/ Sub Asst.Registrar ts To 1. THE SECRETARY TO GOVT., RURAL DEVELOPMENT AND LOCAL ADMINSITRATION DEPT., FORT ST. GEORGE, CHENNAI-9. 2. THE DISTRICT COLLECTOR COIMBATORE DIST., COIMBATORE. 3. THE COMMISSIONER, UDUMALPET MUNICIPALITY, UDUMALPET 642 126. +1 CC to Mr.P.Balamanickam, Advocate SR.9097 +1 CC to Mr.Devadoss, Advocate Sr.8894 +1 CC to the Government Pleader Sr.9758 Order in W.P.No.44239 of 2006 RJ https://hcservices.ecourts.gov.in/hcservices/