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Judgment
D. Hariparanthaman, J.—The issue that arises for consideration in this writ petition is as to whether the petitioner is entitled to regular
appointment as per G.O. Ms. No. 125, Municipal Administration and Water Supply Department, dated 27.05.1999 in anyone of the Town
Panchayats in Coimbatore District. The impugned order of the second respondent dated 22.05.2008 declines the regularization of the petitioner on
the ground that he is not in employment after 2002.
The petitioner was appointed as Section Writer in the then Kurinchi Town Panchayat/the third respondent on 01.11.1996 after being sponsored
by the employment exchange. He was an NMR employee receiving wages on daily rated basis. Now the Kurinchi town Panchayat has become
Municipality.
The Tamil Nadu Government issued G.O. Ms. No. 125, Municipal Administration and Water Supply Department, dated 27.05.1999 providing
regularization of services of all NMR employees in town panchayats in future vacancies, if they are in service as on 31.12.1996. The said G.O.
Ms. No. 125 also prohibits appointment of new NMRs till the NMRs, who were employed as on 31.12.1996, are regularized. It is not in dispute
that the petitioner was in employment as on 31.12.1996 and therefore, he is entitled to the benefit of G.O. Ms. No. 125.
In fact, the Assistant Director of Town Panchayat in Coimbatore Zone, prepared a list dated 01.06.2001 consisting of 29 employees belonging
to various town panchayats in Coimbatore Zone, who are entitled to regularization, as per G.O. Ms. No. 125. As far as Kurinchi town panchayat
is concerned, employees in SI. Nos. 5 to 10 of the list were entitled to regularization. The name of the petitioner found place at SI. No. 10. Out of
six employees, whose names found place from SI. Nos. 5 to 10, five employees from SI. No. 5 to 9 were regularized in service pursuant to the
proceedings of the Assistant Director dated 26.12.2001 and the consequential proceedings of the third respondent in Na. Ka. No. 1431/2001/A.
Dated 18.01.2002. The same is not in dispute.
The Assistant Director of Town Panchayat, Coimbatore Zone, sent a communication dated 29.08.2002 in Na. Ka. No. 779/2002/Pe.6 that
contrary to G.O. Ms. No. 125, Municipal Administration and Water Supply Department, dated 27.05.1999, new NMRs are employed by
various town panchayats and if such NMRs are employed, disciplinary action would be taken against the erring Executive Officers.
It is the case of the petitioner that though the said proceedings of the Assistant Director of Town Panchayat, Coimbatore Zone, was for not
employing new NMRs contrary to G.O.Ms. No. 125, dated 27.05.1999, the third respondent did not engage him after the issuance of the
aforesaid proceedings of the Assistant Director.
According to the petitioner, he is entitled to regularization as per G.O. Ms. No. 125, dated 27.05.1999 in view of the proceedings of the
Assistant Director dated 01.06.2001 and out of 29 employees, who were enlisted for regularization, 28 were regularized barring the petitioner. In
the case of Kurinchi town panchayat, six persons were enlisted in the proceedings dated 01.06.2001 of the Assistant Director, which contains 29
names, and five out of six were regularized barring the petitioner.
In fact, the Assistant Director of Town Panchayat, Coimbatore Zone, sent a proceedings in Na. Ka. No. 783/04/Pe4, dated 22.07.2004 to the
second respondent recommending for regularization of the services of the petitioner in any one of the vacancies in the town panchayats in
Coimbatore Zone. The third respondent also sent the proceedings in Na. Ka. No. 28/2005/A4 dated 03.01.2005 to the second respondent
recommending regularization of the services of the petitioner as per G.O. Ms. No. 125, dated 27.05.1999. It is stated therein that the Assistant
Director of Town Panchayat, Coimbatore Zone, prepared a list of 29 persons eligible for regularization as per G.O. Ms. No. 125 and out of 29
persons, 28 persons were regularized barring the petitioner. The third respondent recommended for regularizing the services of the petitioner in any
one of the vacancies in the town panchayats in Coimbatore Zone.
Though the Assistant Director issued the proceedings dated 22.07.2004 and the third respondent issued the proceedings dated 03.01.2005
recommending regularization of the petitioner, he was not regularized in service. Hence, the petitioner filed W.P. No. 4989 of 2006 seeking for a
direction to the respondents therein to regularise his service based on the proceedings of the third respondent dated 03.01.2005 in Na. Ka. No.
28/2005-A4. This Court disposed of W.P. No. 4898 of 2006 on 03.04.2006 directing the second respondent to absorb the petitioner in entry
level post vacant in any one of the Town Panchayats/Municipalities in Coimbatore Zone within a period of four weeks.
The Government/the first respondent herein and the Commissioner, Municipal Administration/the second respondent herein preferred writ
appeal in WA. No. 687 of 2006 and the Executive Officer, Kurinchi Municipality/the third respondent herein preferred W.A. No. 789 of 2006
against the aforesaid order of the learned Single Judge dated 03.04.2006. The writ appeals were disposed of with a direction to the first and
second respondents herein to consider the case of the petitioner for regularization as per G.O.Ms. No. 21, Municipal Administration and Water
Supply (M.C. 3) Department, dated 23.02.2006, within a period of twelve weeks from the date of receipt of a copy of that order.
While so, the second respondent passed the impugned order relying on the order dated 25.01.2008 in W.A. Nos. 687 and 789 of 2006,
refusing to absorb the petitioner in any one of the town panchayats in Coimbatore Zone.
A counter-affidavit is filed by the third respondent. The aforesaid facts are not disputed. It is stated that the absorption of the petitioner was
declined in the impugned order on the ground that the petitioner was not employed after 2002.
It is not case of the respondents that the petitioner voluntarily absented from duty. It is the case of the petitioner that relying on the proceedings
of the Assistant Director issued in Na. Ka. No. 779/2002/Pe 6, dated 29.08.2002 that no municipality shall engage new NMRs, the petitioner
was not engaged on misconception. According to him, the proceedings of the Assistant Director was relating to restraining the engagement of new
NMRs as per G.O. Ms. No. 125, and the same was not applicable to the persons already working as NMRs and that is not applicable to him.
The petitioner sent a representation dated 28.1.2004 stating that out of six persons mentioned in the proceedings of the Assistant Director
dated 01.06.2001, who were employed Kurinchi town panchayat, five were regularized and the petitioner alone was not regularized. The Assistant
Director, considering the said representation issued the proceedings in Na. Ka. No. 783/04/Pe4, dated 22.07.2004 recommending the absorption
of the petitioner in anyone of the vacancies in the town panchayats in Coimbatore Zone. That proceedings dated 22.07.2004 was addressed to the
second respondent. The same was not considered by the second respondent, while passing the impugned order.
At this juncture, it is relevant to note that in Kurinchi town panchayat, five persons were absorbed as a regular workman as per G.O.Ms. No.
125, and they initially joined in the services of the Kurinchi town panchayat between 01.04.1994 and 01.10.1996 on daily wage basis. The details
of the said persons, who were working as NMRs in Kurinchi Panchayat, as per proceedings dated 01.06.2001 of the Assistant Director are given
hereunder:
The aforesaid details make it clear that out of five persons, two persons joined as NMRs on 01.10.1996 and they were absorbed in service.
The petitioner joined as NMR on 01.11.1996 and his name was also inclined in the list of 29 persons, who are working as NMRs in various
town panchayats in Coimbatore Zone and all others were absorbed barring the petitioner. The same is not in dispute.
It is also not disputed that the third respondent also sent the proceedings in Na. Ka. No. 28/2005, dated 03.01.2005 for the absorption of the
petitioner as per G.O. Ms. No. 125 and paragraph 4 of the proceedings which is relevant for the purpose of this case reads as follows:
This proceedings of the third respondent also was not considered by the second respondent.
In view of the aforesaid proceedings dated 22.07.2004 and 03.01.2005 of the third respondent, I am of the view that the petitioner is also
entitled to absorption as per G.O. Ms. No. 125, particularly when he was included in the panel of the Assistant Director dated 01.06.2001 which
contains the names of 29 persons and 28 of them were absorbed barring the petitioner.
Further, as stated above, in view of the proceedings dated 22.07.2004 of the Assistant Director of Panchayats, Coimbatore, and the
proceedings dated 03.01.2005 of the third respondent addressed to the second respondent, the petitioner is entitled to absorption. The second
respondent while passing the impugned order declining the absorption has not taken into account the aforesaid proceedings dated 22.07.2004 of
the Assistant Director and dated 03.01.2005 addressed to the Assistant Director by the third respondent. Hence, the impugned order is liable to
be quashed. Accordingly, the impugned order is quashed.
The respondents are directed to absorb the petitioner in anyone of the future vacancies in anyone of the town panchayats or municipalities in
Coimbatore Zone. The writ petition is ordered in the above terms. No costs. Consequently, connected miscellaneous petition is closed.