IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice V.BHAVANI SUBBAROYAN
K.MEGANATHAN – Appellant
Versus
Principal Secretary to Government – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2025 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P. No. 5462 of 2020 K. Meganathan ... Petitioner Vs.
1.Principal Secretary to Government, Municipal Administration and Water Supplies Department, Fort St. George, Chennai – 600 009.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003.
3.The Zonal Officer, Corporation of Chennai, Zone XIV, Puzhuthivakkam, Chennai – 600 091. ... Respondents Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents herein to regularize the services of the petitioner on completion of 3 years of service from the date of his original appointment i.e., with effect from 14.11.1999 in the light of the orders passed by the first respondent herein in G.O. (2D) No. 64 Municial Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O. (2D) No. 68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019, with all consequential service and monetary benefits, within a time frame as deem fit.
For Petitioner : Mr. G. Bala For Respondents : Mr. S. Rajesh, for R1 Government Advocate Mr. S. Gopinathan, for R2 & R3 Standing Counsel
O R D E R
This Writ Petition has been filed for the issuance of a writ of mandamus to direct the respondents herein to regularize the services of the petitioner on completion of 3 years of service from the date of his original appointment i.e., with effect from 14.11.1999 in the light of the orders passed by the first respondent herein in G.O. (2D) No. 64 Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O. (2D) No. 68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019, with all consequential service and monetary benefits.
2. The case of the petitioner is that, he had studied upto 6th Std and appointed as a Sanitary Supervisor w.e.f. 14.11.1996. He had been continuously working for the past 23 years without any break and the petitioner being paid a monthly salary taking into account the minimum wages fixed by the District Collector for the post of Sanitary Worker from time to time on daily wages basis with arrears. He is a full time basis worker and he is working continuously for three decades and now the Kottivakkam Panchayat has been merged with the Corporation of Chennai from
25.10.2011 and the petitioner was also continuing his services as Sanitary Worker under the respondents Corporation.
3. According to the petitioner, one M. Gajenderan and 30 others filed W.P.No.17858 of 2014. The said writ petition was allowed stating that the petitioners therein are entitled for regularisation on completion of three years with all consequential monetary benefits from the date of joining the Corporation and it was further confirmed by the Supreme Court in SLP.C.C.No.3170 of 2017 and the first respondent passed an order in G.O.(2D) No.64 Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 regularising their services. Further another order in G.O. (2D) No.68 Municipal Administration and Water Supplies (MC 3) Department dated 27.08.2019, regularising their services on completion of three years from the date of original appointment.
4. According to the petitioner, the Government orders created cause of action for the petitioner to claim equal treatment on par with the similarly placed persons and the petitioner was not allowed to work when he reached 60 years and his entire source of income has been stopped by the respondents. He made several representations requesting the respondents to regularise his services. But no orders have been passed in favour of the petitioner. Finally, he approached the second respondent on 29.11.2019 and submitted representations to regularise his services, as done in G.O. (2D) No.64 Municipal Administration and Water Supplies (MC 3) Department dated 08.08.2019 and G.O. (2D) No.68 Municipa
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