IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.6.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.27632 of 2006 (T) O.A.No.2303 of 1996 D.Palani .. Petitioner vs. 1. The Director of Municipalities Ezhilagam Annexure Kamarajar Salai Chepauk, Madras-600 005 2. The Executive officer Mettur Township Committee Mettur Dam – 636 401 Salem District .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularise the services of the applicant as Farm Worker as per G.O.Ms.No.107 of Personnel Administrative Reforms (Per.P) Department, dated 5.2.1987 with all consequential benefits. For petitioner : Mr.D.Hariparanthaman For Respondents : Mr.T.Sreenivasan Government Advocate for R1 Mr.R.Dinesh Kumar for R2 O R D E R At the time of the hearing of the writ petition, the learned counsel appearing for the second respondent has submitted that, recording the averments made in the counter affidavit filed by the second respondent, the writ petition may be closed as no further orders are required to be passed in the writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2. Paragraphs 2, 3 and 4 of the counter affidavit filed by the second respondent read as follows: "2. It is submitted that the applicant Thiru D.Palani was appointed as a Farm Worker on daily wages in the Mettur Municipality sewerage form in the year 1984. 3. As per the G.O.Ms.No.1644 RD and LA Department dated 12.10.1979 that those employed in the Municipalities as Municipal Town Ship Committees under contingencies and under work charges establishment on NMR and who have completed 10 years of service and more without break as on 1.10.1979 be brought under regular establishment Municipality on the Township committee concerned on a time scale of pay Rs.200-5-300 with usual allowances with effect from 1.10.1979. 4. It is submitted that the applicant Thiru D.Palani joined as Farm Worker in the year 1984. Therefore he was not appointed under regular establishment and as per the G.O.Ms.No.1644 RD & LA Department dated 12.10.1979. This G.O. clearly stated in para 3 (ii). The present stranger of Contingent work charged establishment excluding these referred to in item (1) above should not be increased until cadre strength is fixed consequent on the regularisation of the staff. No new posts in the above categories after 1.10.1979 should be created and the vacancies after 1.10.1979 should not be filled up. Therefore this appoint is also irregular. Now the Government after nearly 20 years again issued order in G.O.Ms.No.125 MA & W.S. Department dated 27.5.1999 to appoint NMR workers who were in service as on 1.10.1996 in the regular vacant posts on a consolidated pay of Rs.2000/- per month for one year and then after completion of a year on regular time scale of pay. The applicant Thiru D.Palani requested to appoint being in the vacant post of Farm worker on regular basis as per the Government Order. Accordingly he was appointed in the regular vacant Farm Worker post from 1.9.1999 on a consolidated pay of Rs.2000/- per month. (copy enclosed) After completion of one year service he was regularly appointed in the time scale https://hcservices.ecourts.gov.in/hcservices/ of pay of Rs.2550.3200 with effect from 2.9.2000 periodical increment have been sanctioned to him 1.7.2001. His last increment was sanctioned on 1.7.2007 raising his pay from Rs.2900 to 2960. In as much as he has been in regular from 1.9.1999 and enjoying all these benefit is prayed that the Hon'ble Judicature of High Court may be pleased to dismiss the application." 3. In view of the averments made in the counter affidavit filed by the second respondent, the writ petition stands closed as no further orders are required to be passed in the writ petition. No costs. Lan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To: 1. The Director of Municipalities Ezhilagam Annexure Kamarajar Salai Chepauk, Madras-600 005 2. The Executive officer Mettur Township Committee Mettur Dam – 636 401 • 1 cc to Mr. V. Subbiah, Advocate SR No. 33193 • 1 cc to the Government Pleader SR No.32967 • 1 cc to MR. D. Hariparanthaman, Advocate SR No. 32658 W.P.No.27632 of 2006 (T) O.A.No.2303 of 1996 BK(CO) SR/14.7.2008 https://hcservices.ecourts.gov.in/hcservices/