W.P.(MD) No.23959 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.23959 of 2018
M.Narayanan ... Petitioner
-vs-
1.The Secretary to Government
of Tamilnadu
Department of Municipal
Administration and Water Supply
Fort St.George, Chennai-01
2.The Commissioner
Municipal Administration
Ezhilagam Annexe Building
Chepauk, Chennai-05
3.Karaikudi Municipality
rep.by its Commissioner
Municipal Office
Karaikudi, Sivagangai District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records of the third
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W.P.(MD) No.23959 of 2018
respondent bearing Na.Ka.No.9217/2015/Sil, dated 05.01.2016 and quash
the same and consequently direct the respondents to count the half of the
past service of the petitioner rendered as daily wage/NMR from 01.07.1991 to
30.11.2006 as per Rule 11(2) of Tamil Nadu Pension Rules, 1978 along with
the regularised period of service from 30.11.2006 till his retirement and
include the petitioner's name in the Old Pension Scheme and allot GPF
Account Number consequently, directing the respondents to refund the CPS
amount vide Index No.202625 collected from the petitioner along with
appropriate rate of interest.
For Petitioner : Mr.S.Siva Ilayaraj
For Respondents : Mr.G.Suriya Ananth
Additional Government Pleader for R1
Mr.N.Adithya Vijayalayan for R3
O R D E R
This writ petition has been filed challenging the order of the third
respondent, dated 05.01.2016, rejecting the petitioner's request to count half
of the past service rendered by him as daily wage / NMR from 01.07.1991 to
30.11.2006, as per Rule 11(2) of the Tamil Nadu Pension Rules, 1978 along
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W.P.(MD) No.23959 of 2018
with the regularized period of service from 30.11.2006 till his retirement and
include his name in the Old Pension Scheme and allot GPF account number to
him.
2. As noticed from the typed set of papers, subsequent to the
passing of the impugned order, dated 05.01.2016, by the third respondent,
the first respondent has also rejected the petitioner's request by his order
dated 08.11.2016. As seen from the same, as directed by this Court, in its
order dated 16.02.2016 passed in W.P.(MD) No.3237 of 2016 filed earlier by
the petitioner, his request was considered in the light of the guidelines issued
in G.O.(Ms) No.125, Municipal Administration and Water Supply Department,
dated 27.05.1999 and the report of the Commissioner, Karaikudi Municipality.
After giving due consideration to the same, the petitioner's request was
rejected by giving the following reasons:
(a) Regarding regularization of the petitioner's service
on par with one M.Padmanaban, Junior Assistant,
Ramanathapuram Municipality, the said
M.Padmanaban had worked on daily wage basis
since 1992 and he had worked as Information
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W.P.(MD) No.23959 of 2018
Centre In-charge from 17.11.1998 to 22.11.1999
(i.e., at the time of issuance of G.O.(Ms) No.125,
Municipal Administration and Water Supply (ME 1)
Department, dated 27.05.1999), as temporary
Junior Assistant from 23.11.1999 to 08.12.1999,
again as Information Centre In-charge from
09.12.1999 to 30.04.2003 and thereafter, as
Revenue Assistant on daily wage basis upto
28.02.2006 in Ramanathapuram Municipality.
(b) The Commissioner, Ramanathapuram Municipality
and the Commissioner of Municipal Administration
had recommended to regularize the service of the
said M.Padmanaban as Junior Assistant in
Ramanathapuram Municipality with effect from
17.11.1998. The service of the said
M.Padmanaban was regularized with effect from
27.05.2000 that too with certain conditions as per
G.O.(Ms) No.125, Municipal Administration and
Water Supply Department, dated 27.05.1999.
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W.P.(MD) No.23959 of 2018
(c) The petitioner had worked as Road and Water
Supply Worker on daily wage basis since 1991 in
Karaikudi Municipality in Engineering Wing upto
2006, which is not coming under the ambit of G.O.
(Ms) No.125, Municipal Administration and Water
Supply Department, dated 27.05.1999. Since the
petitioner had surrendered his name to the
Regional Director of Municipal Administration,
Madurai, his name was not included in the priority
list of Regional Director of Municipal
Administration, Madurai, and his name was
sponsored on 11.09.2006 to Paramakudi
Municipality to appoint him as Junior Assistant.
For the foregoing reasons, the first respondent, under the proceedings, dated
08.11.2016, has informed the petitioner that his request for regularization of
his service as per G.O.(Ms) No.125, Municipal Administration and Water
Supply Department, dated 27.05.1999, is not feasible for compliance.
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W.P.(MD) No.23959 of 2018
3. This Court does not find any infirmity in the reasoning given by
the respondents for rejecting the petitioner's request for regularization of his
service as his case will not fall within the purview of G.O.(Ms) No.125,
Municipal Administration and Water Supply Department, dated 27.05.1999,
which he relies upon for the purpose of regularization of his service. There is
no merit in this writ petition.
4. Accordingly, this writ petition is dismissed. No costs.
30.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Secretary to Government of Tamilnadu,
Department of Municipal
Administration and Water Supply,
Fort St.George, Chennai-01.
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W.P.(MD) No.23959 of 2018
ABDUL QUDDHOSE, J.
krk
W.P.(MD) No.23959 of 2018
30.08.2024
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