C. ARUMUGAM & ORS. Vs. THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to implement the order passed by this Court in W.P. No. 19267 of 1998, dated 28.1.2009.

(2.) The learned Counsel appearing for the writ petitioners made a submission that all the writ petitioners were initially appointed as R.N.M.R's and N.M.R's employees in the second respondent Municipal Corporation. The writ petitioners were appointed in between 1981 and 1985. The writ petitioners are serving as Cleaners and Drivers on deputation basis in the second respondent Municipal Corporation. It is contended that at the time of appointing the writ petitioners the educational qualification prescribed for the Cleaners as per the Tamil Nadu Municipal Last Grade Service Rules 1975 was pass in III Form or VIII standard. However, for the post of Drivers, the prescribed qualification was pass in 8th standard. During the relevant point of time the Government issued an order in G.O.Ms. No. 1096, R.D and L.A., dated 11.6.1981, stating that the Cleaners and other categories working in the Engineering Branch in various Municipalities and Township Committees , if they possess

(3.) However, the writ petitioners made a representation to the respondents on 24.8.1987 with a request to relax the educational qualification prescribed for the post of Lorry Cleaners on par with that of the Drivers attached to the Tamil Nadu Municipal Service as per G.O.Ms. No. 1096, Rural Development and Local Administration Department, dated 11.6.1981, so that, all the petitioners will get opportunity of promotion to the post of regular Drivers. Accordingly, the Government issued G.O.Ms. No. 92, dated 01.02.1989, relaxing the educational qualification prescribed for the post of Lorry Cleaners on par with that of the Drivers attached to the Tamil Nadu Municipal Service based on G.O.Ms. No. 1096, Rural Development and Local Administration Department, dated 11.6.1981. Accordingly, the second respondent Municipal Corporation recommended the case of the writ petitioners to the first respondent to appoint them in the regular post of Cleaners. The learned counsel appearing for the writ petitioners states that the Examiner of Local Fund Accounts also recommended the case of the petitioner to the first respondent to appoint them in the regular post of Cleaners in the second respondent Municipal Corporation. Accepting these recommendations, the first respondent Government issued G.O.Ms.No.89, dated 24.4.1995, appointing the writ petitioners as Cleaners in the regular post in the time scale of pay by relaxing the necessary educational qualification prescribed in G.O.Ms. No. 1859, R.D.& L.A., dated 5.11.1975. By, virtue of the Government order the second respondent Municipal Corporation appointed and in some cases promoted the petitioners as Cleaners in the regular time scale of pay in proceedings dated 20.8.1995. The services of the writ petitioners were also regularised in the post of Cleaners in proceedings dated 14.12.1995. After the regularisation of the services of the writ petitioners, the writ petitioners have submitted further claim to the respondents to promote them as Drivers from the post of Cleaners by relaxing the necessary educational qualifications prescribed for the post of Drivers. The second respondent Municipal Corporation in this regard passed a resolution and recommended the cases of the writ petitioners to the first respondent for promotions to the post of Lorry Drivers in proceedings dated 26.5.1997. In this regard the Government issued G.O.Ms.No.237, dated 26.9.1996 to consider the cases of the Lorry Cleaners for promotion to the post of Drivers, provided the persons passed 10th standard. In the circumstances, the second respondent again recommended the cases of the writ petitioners to the first respondent for promotion to the post of regular drivers by granting relaxation in respect of the educational qualifications.