W.A.(MD)No.884 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)No.884 of 2020 and C.M.P.(MD)No.4851 of 2020 The Commissioner, Paramakudi Muncipality, Paramakudi, Ramanathapuram District. ... Appellant Vs. 1.G.Raju 2.The State of Tamilnadu, Rep.by the Secretary, The Department of Municipal Administration and Water Supply, Secretariat, Chennai. 3.The Commissioner of Municipal Administration, Office of the Commissioner of Municipal Administration, Chepauk, Chennai-5. ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.5301 of 2017 dated 19.06.2017 on the file of this Court. 1/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 For Appellant : Mr.K.Saravanan For Respondents : Mr.T.Aswin Rajasimman for R1 Mr.S.Shaji Bino, Spl. Government Pleader for R2 & R3. JUDGMENT (By G.R.SWAMINATHAN, J.) Heard both sides. 2.The Commissioner of Paramakudi Municipality has filed this intra-court appeal challenging the order dated 19.06.2017 allowing W.P.(MD)No.5301 of 2017 filed by the first respondent herein. 3.The first respondent / writ petitioner was appointed as Sanitary Worker in Paramakudi Municipality on 03.07.1998 on consolidated pay. His services were regularized vide order dated 16.03.2006. The writ petitioner chose to keep quite. When the identically placed co-workers tasted success before this Court, the writ petitioner woke up and submitted a representation to the employer seeking regularization with effect from the date when he completed three years of service on 2/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 consolidated pay. His request was rejected by the employer vide order dated 10.11.2014. Challenging the same, the writ petitioner filed filed W.P.(MD)No.5301 of 2017. The learned Single Judge vide order dated 19.06.2017 allowed the writ petition. Aggrieved by the order of the learned Single Judge, the employer has filed this writ appeal. 4.The writ petitioner no doubt had sought relief only in terms of G.O.(Ms)No.101 Municipal Administration and Water Supply Department dated 30.04.1997. Paragraph No.4 of the said government order reads as follows:- “4.jpUj;jpaikffg;gl;l msTNfhypd;gb efuhl;rpfspy; $Ljy; Jg;guTg; gzpahsh; gzpaplq;fis fPo;fz;l epge;jidfSf;F cl;Lgl;L Njhw;Wtpf;FkhW efuhl;rp eph;thf ,af;Feh; Nfl;Lf; nfhs;sg;gLfpwJ. (1) efuhl;rp NgUe;J epiyaq;fspy; kw;Wk; efuhl;rp mq;fhbfspy; cs;s fl;lz fopg;giwfis guhkhpj;jy; NgUe;J epiyaj;ij Rj;jk; nra;jy Mfpa gzpfSf;fhf Jg;guT gzpahsh;fis epakdk; nra;tjw;F 3/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 gjpyhf ,g;gzpfis nghJ Vyj;jpy; tpl;L Fj;jjifjhuhplk; xg;gilf;f eltbf;if Nkw;nfhs;sg;gl Ntz;Lk;. mt;thW nghJ Vyj;jpy; tpl;L Fj;jifjhuhplk; ,g;gzpfis xg;gilf;f ,ayhj epiyapy; ,g;gzpfSf;nfd Jg;guT gzpahsh;fis epakdk; nra;ayhk;. (2)jpUj;jpaikffg;gl;l msTNfhypd;gb efuhl;rpfspy; $Ljyhf Jg;guT gzpahsh;fis epakdk; nra;a Ntz;Lnkdpy; mf;$Ljy; gzpahsh;fSf;fhd nrytpdj;ij efuhl;rp epjpapypUe;J Nkw;nfhs;s xg;Gjyspj;J me;efh; kd;wj;jhy; jPh;khdk; epiwNtw;wg;gl Ntz;Lk;. (3)efh;kd;wj; jPh;khdk; epiwNtw;wpa gpd;dh; efuhl;rp eph;thf ,af;Feuk; efuhl;rpapd; epjp epiyikia ghprPypj;J $Ljy; gzpaplq;fis Njhw;Wtpf;f mDkjp mspf;fg;gLk;. (4)Gjpa msTNfhypd;gb Njhw;Wtpf;fg;gLk; $Ljy; gzpaplq;fspYk; Vw;fdNt fhypahf cs;s gzpaplq;fspYk; Ntiy tha;g;gfk; %yk; gl;bay; ngw;W tpjpKiwfspd;gb gzpahsh;fs; epakdk; nra;ag;gl Ntz;Lk;. (5)Gjpajhf epakdk; nra;ag;gLk; gzpahsh;fs; khjk; &.1000/- vd;w njhFg;g+jpaj;jpy; epakdk; nra;ag;gl Ntz;Lk;. ,j;njhFg;g+jpak; xt;nthU Mz;Lk; 10 rjtpjk; $Ljyhf;fg;gLk;. (Kjyhkhz;L 1000/- ,uz;lhkhz;L 1100/- 4/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 %d;whkhz;L 1210/-) (6)Gjpajhf epakdk; nra;ag;gLk; gzpahsh;fs; Kjypy; xU Mz;L fhyj;jpw;F kl;Lk; epakdk; nra;ag;gl Ntz;Lk;. gpd;dh; xt;nthU Mz;L fhyj;jpw;Fk;> ,e;epakdj;ij GJg;gpj;J njhlh;e;J %d;whz;LfSf;F epakdk; nra;ag;gl Ntz;Lk;. %d;W Mz;LfSf;F gpd;dh; ,g;gzpahsh;fspd; nrayhf;fj;ij kjpg;gPL nra;J ,th;fis Cjpa Vw;wKiwapy; epakdk; nra;ag;gl Ntz;Lkh vd;gJ Fwpj;J muR ghprPypj;J MizapLk;.” The writ petitioner contended that his case would fall within clause 6 of the aforesaid directions. 5.Clause 6 plainly reads that the service record of the appointee must be assessed by the employer and based on the same, the government wold pass an order whether to place the employee in time scale of pay. Admittedly, in this case, the government had not passed any order as such. 6.The employee's case must have been relegated to the government to pass an appropriate order in terms of the aforesaid government order. 5/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 Be that as it may, when identically placed employees who were also working in Paramakudi Municipality filed W.P.(MD)Nos.2183 to 2196 of 2011, the learned Single Judge allowed the same. Challenging the same, the Commissioner, Paramakudi Municipality filed W.A.(MD)Nos.461 of 2013 etc batch. The writ appeals were disposed of vide judgment dated 08.07.2013 in the following terms:- “6.As the writ appeals are filed on the basis of the applicability of the Government Order, as narrated above, we are of the considered view that in the light of the stand taken by the first respondents / writ petitioners that they are restricting their claim to get the relief as per G.O.Ms.No.101, Municipal Administration and Water Supply Department, dated 30.04.1997, the grievances of the first respondents / writ petitioners are met. Hence, the order of the learned Single Judge is modified with a direction to the appellant to regularize the services of the first respondents / writ petitioners on completion of three years of service, in terms of G.O.Ms.No.101, Municipal Administration and Water Supply Department, dated 30.04.1997 with arrears of pay. Necessary orders are directed to be passed by the appellant, after obtaining approval from the appropriate authority, within a period of three months from the date of receipt of a copy of this order.” 6/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 7.In fact, the learned counsel for the writ petitioner states that this order of the Hon'ble Division Bench was implemented and identically placed employees were also granted relief by issuing proceedings baring Na.Ka.No.141/20-11/H1 dated 22.11.2013. The learned Single Judge while allowing W.P.(MD)No.5301 of 2017 had only followed the earlier precedents. 8.Though we may have our own take on the construction of clause 6 of the aforesaid government order, we are of the view that Article 14 of the Constitution of India will definitely kick in. Our attention is drawn to the proceedings dated 16.03.2006 issued by the Commissioner, Paramakudi Municipality which has been enclosed at Page Nos.8 and 9 of the typed set of papers. The said proceedings pertains to as many as 18 Sanitary Workers. Out of them, 14 filed writ petitions as mentioned earlier and got relief. The writ petitioner herein entered the arena rather late. The question is whether on this ground, he should be denied relief. Our answer is in the negative. The government order talks about the assessment of the service record of the appointee on his completion of three years of service. The fact that the writ petitioner was regularized in 7/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 the year 2006 is a clear indication that his services must have been satisfactory during 1998 to 2001. The nature of work is perennial. He is working in the last grade. Therefore, we are of the view that interference with the impugned order is not warranted and the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (R.K.M. J.,) 08.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: 1.The Secretary, The Department of Municipal Administration and Water Supply, Secretariat, Chennai. 2.The Commissioner of Municipal Administration, Office of the Commissioner of Municipal Administration, Chepauk, Chennai-5. 8/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 9/10 https://www.mhc.tn.gov.in/judis W.A.(MD)No.884 of 2020 G.R.SWAMINATHAN, J. and R.KALAIMATHI, J. ias W.A.(MD)No.884 of 2020 08.12.2025 (1/3) 10/10 https://www.mhc.tn.gov.in/judis