The main legal point established is that employees should be regularized with effect from the completion of three years of consolidated pay, as per the relevant Government Orders and previous judgments.

JUDGMENT

(Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the third respondent dated 31.07.2006 issued in Na.Ka.No. 384/2006 and quash the same and consequently, to direct the respondents to consider the claim of the petitioners to bring them under regular time scale from the date on which they completed three years consolidated pay service with all consequential service and monetary benefits as done to their co-employee namely Savarimuthu (Petitioner in W.P.No. 12025 of 2013) in terms of G.O.Ms.Nos. 199 & 142 Municipal Administration and Water Supply Department dated 12.08.1997 and 23.09.2015.)

1. The Writ Petition has been filed in the nature of Certiorarified Mandamus relating to the proceedings of the third respondent dated 31.07.2006 issued in Na.Ka.No. 384/2006 and quash the same and direct the respondents to bring them under regular time scale from the date on which they completed three years consolidated pay service with all consequential service and monetary benefits. The petitioners place reliance of an order of learned Single Judge in W.P.No. 12025 of 2013 [ S.Savarimuthu Vs. Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Chennai and two others] dated 25.06.2013.

2. It must also be kept in mind that the learned Single Judge therein had also referred to an earlier Writ Petition in W.P.No. 25620 of 2006, dated 17.09.2008 wherein also a similar issue raised by the petitioners therein had been examined and order had been passed.

3. The Writ Petition has been filed by two writ petitioners, who have raised the same contentions and therefore having obtaining permission had both filed a single Writ Petition. They are both son and mother respectively.

4. In the affidavit filed by the first petitioner, he had stated that he had been appointed as Sweeper on consolidated pay on 003.01.2000 and the second petitioner/ his mother was appointed as Sweeper on consolidated pay on 01.10.1999. They were both appointed by the Executive Officer, Perungudi Town Panchayat. They were brought under regular time scale prospectively by the Executive Officer, Perungudi Town Panchyat by proceedings in Na.ka.No. 384/2006 on 31.07.2006 with effect from 23.06.2006.

5. All supervening circumstance then took place whereby the Perungudi Town Panchayat was merged with Chennai Corporation termed as Greater Chennai Corporation. The petitioners are now effectively working under the third respondent / the Commissioner, Chennai Corporation. The petitioners seek regular time scale retrospectively with effect from the date on which they had completed three years of consolidated pay service.

6. In this connection, they place reliance on Government Orders which had been passed and also on the orders of the learned Single Judges in the Writ Petitions referred supra.

7. Let me now examine the order passed by the learned Single Judge in W.P.No. 12025 of 2013 [ S.Savarimuthu Vs. Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Chennai and two others] dated 25.06.2013.

8. That Writ Petition had also been filed by the petitioner therein, who was originally working under that Perungudi Town Panchayat, as similar to that of the petitioners herein and whose service had also been regularised by the Executive Officer of Perungudi Town Panchayat, again similar to that of the petitioners herein and he also sought to bring him into regular time scale with effect from the date on which he had completed three years of consolidated pay service.

9. The learned Single Judge in that particular case after extracting the facts had also examined G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997, G.O.Ms.No. 212 P & AR Department, dated 29.11.2001 and G.O.Ms.No. 21, Municipal Administration and Water Supply Department, dated 23.02.2006. Relying on thos