B.RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein was originally appointed as an Over Head Tank Operator at Melamadai Panchayat Union on consolidated pay basis. Later on, when the Panchayat Union came to be merged with the Corporation, he along with the other employees were absorbed into the Madurai Corporation as Over Head Tank Operators, in the year 2011. After the merger, the Village Panchayat Union has sought for approval of the Government to absorb the employees of the Panchayats and the Government, in G.O(Ms)No.116 dtd. 19/12/2012, had directed the Corporation to maintain status quo in respect of the consolidated pay workers and daily wage workers of the merged Panchayats. In view of this, the petitioner now continues to work as an Over Head Tank Operator on consolidated pay basis. The petitioner's request for regularization came to be rejected by the Corporation through the impugned order dtd. 19/2/2018, stating that since the petitioner was absorbed on consolidated pay basis and continues to be on consolidated pay before the Corporation also, such request for regularization is not feasible.

(2.) While the petitioner places reliance on G.O(Ms)No.113, Municipal Administration and Water Supply (MC IV) Department dtd. 11/9/2014, whereby, two similarly placed employees, who were on consolidated pay, had been brought under special time scale of pay, the learned Standing Counsel appearing for the Corporation relied on the averments in the counter-affidavit and submitted that in view of G.O(Ms)No.116 dtd. 19/12/2012, whereby, the Government had directed the Corporation to maintain status quo in respect of the consolidated pay workers and daily wage workers of the merged Panchayats, they are unable to comply with the petitioner's request.

(3.) The Government Order in G.O(Ms)No.116 was passed on 19/12/2012. However, based on the proposal submitted by the Corporation dtd. 21/8/2014, the Government, in G.O(Ms)No.113 Municipal Administration and Water Supply (MC IV) Department dtd. 11/9/2014, had made a reference to G.O(Ms)No.116 dtd. 19/12/2012 and brought two of the erstwhile Panchayat workers under special time scale of pay. One among these two workers hail from Melamadai Village Panchayat. While that be so, the rejection of the petitioner's request even for sending a proposal to the Government, seems to be a selective discrimination. I do not find any justification in differentiating the consolidated pay workers covered under G.O(Ms)No.113 dtd. 11/9/2014 and the petitioner herein. Moreover, the Government's recommendation in G.O(Ms)No.116 dtd. 19/12/2012 was made about ten years back and retaining the petitioner herein continuously on consolidated pay, when he was regularly appointed in the year 1997 by the Panchayat, is unjustifiable. On these grounds, this Court is of the view that the Corporation ought to have sent a proposal to the Government seeking for regularization of their employees, who are on consolidated pay basis for a considerable length of time.