The order of rejection dated 23.01.2018 issued by the respondents in relation to the claim of the writ petitioner seeking regularization is under challenged in this writ petition.

2. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner joined duty as Water Supply Operator under the daily wages scheme in the erstwhile Saravanampatti Village Town Panchayat, which was under the control of the office of the Town Panchayat, Chennai. The said panchayat was amalgamated with the Coimbatore City Municipal Corporation. The writ petitioner continued as a daily wages employee for a considerable length of time and thereafter, he is receiving the consolidated pay salary.

3. The learned counsel appearing for the writ petitioner strenuously contended that the writ petitioner is serving for long years and the Government introduced a scheme in G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998, for granting regularization in respect of these daily wages/consolidated pay employees. The benefit of the Government Order has not been extended to the writ petitioner without any valid reasons. Thus, the writ petitioner is constrained to move the present writ petition.

4. Earlier, the writ petitioner filed a writ petition in W.P.No.4800 of 2011 and this Court passed an order on 25.06.2013, directing the first respondent to pass order on the proposal submitted by the third respondent on 10.06.2009 in the light of the G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998 and also taking into account the W.P.No.25620 of 2006 dated 17.09.2008 as confirmed in W.A.No.47 of 2010 dated 23.06.2010. Another Writ Petition was filed by the writ petitioner in W.P.No.42083 of 2016 and this Court passed an order on 30.11.2016, once again directing the first respondent to consider the representation in the light of the G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998 and also based on the letter sent by the second respondent dated 23.01.2018 and pass orders on merits and in accordance with law.

5. It seems that the writ petitioner had already filed two writ petitions with the same prayer and on both occasions this Court directed the authorities to consider the representation in the light of the Government Order passed in G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998 and also the orders passed by this Court earlier. Pursuant to the orders of this Court, the respondents now issued orders in proceedings dated 23.01.2018 stating that the proposal of the Commissioner of Municipal Administration, Coimbatore Corporation was examined in detail.

6. It is stated that certain norms have been prescribed in G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998 for regularization of daily wages/consolidated pay employees who are working only as on 31.04.1996 in a sanctioned post and individuals possessing the prescribed qualification for the post alone was appointed. However, in the absence of any sanctioned post, the Executive Officer of the erstwhile Saravanampatti Village Town Panchayat suo motto in proceedings dated 12.08.1997 appointed the writ petitioner.

7. Thus, the Government Order issued in G.O.Ms.No.198 Municipal Administration and Water Supply Department dated 26.10.1998 is not applicable to the writ petitioner and four other persons who are similarly placed. At the outset, the respondents are of an opinion that the Government Orders are not at all applicable to the writ petitioner and the similarly placed persons.

8. This Court is of an opinion that the G.O.Ms.No.198 was issued on 26.10.1998 and now after a lapse of 19 years the same cannot be applied in view of the legal principles settled by the Constitutional Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Umadevi reported in 2006 4 SCC page No.1. The Hon'ble Apex Court in an un