Case Note & Summary
The writ appeal was filed by the Executive Officer, Panapakkam Town Panchayat, challenging the order of the writ court dated 30.10.2023 in W.P.No.17878 of 2020. The writ court had directed the authorities to regularize the services of the first respondent, S. Dayalan, in the category of Overhead Tank Operator or Sweeper with effect from 11.09.2001. The first respondent claimed that he was initially appointed in 1990 as a Nominal Muster Roll (NMR) employee in the Public Works Department for Overhead Tank maintenance. When the maintenance work was transferred to the town panchayat in 1995, he was absorbed as an NMR on consolidated pay. He performed duties of both Overhead Tank Operator and Night Watchman. Based on G.O.(Ms.)No.198 dated 26.10.1998, which provided for regularization of NMRs who were working as on 01.10.1996, the first respondent made a claim on 01.09.2001 for absorption under regular time scale. The appellant panchayat passed Resolution No.57 to absorb him, but benefits were not extended. Alleging that he had rendered 24 years of continuous service with the panchayat and was later made to work through a Self Help Group in 2019, he filed the writ petition seeking regularization. The appellant resisted the claim, denying that the first respondent was ever employed by them and contending that they had been carrying out the work through a contract with a Self Help Group. The High Court heard the appeal on 17.03.2025 and pronounced judgment on 25.03.2025, the outcome of which is not mentioned in the available text.
Issue of Consideration
Whether the writ court was correct in directing regularization of the first respondent's services as Overhead Tank Operator or Sweeper with effect from 11.09.2001?
Case Details
2025 LawText (MAD) (03) 52
W.A.No.2952 of 2024 and C.M.P.No.21955 of 2024
R. Subramanian, G. Arul Murugan
R. Neelakandan, C. Selvaraj, P.I. Thirumoorthy, P. Ananda Kumar
The Executive Officer, Panapakkam Town Panchayat, Ranipet District
S. Dayalan; The Secretary to Municipal Administration and Water Supply Department; The Director of Town Panchayat
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Nature of Litigation
Writ appeal against direction to regularize services of a Nominal Muster Roll employee
Remedy Sought
Appellant sought to set aside the writ court order; first respondent sought regularization from 11.09.2001
Filing Reason
Challenging the writ court's direction to regularize employment based on long service and a panchayat resolution
Previous Decisions
Writ Petition No.17878 of 2020, order dated 30.10.2023 allowed regularization
Submissions/Arguments
First respondent claimed continuous service since 1990/1995, reliance on G.O.(Ms.)No.198 and panchayat Resolution No.57 for regularization, and that he was displaced by a Self Help Group contract in 2019
Appellant denied that the first respondent was ever employed, asserting that work was done through a contract with a Self Help Group
Judgment Excerpts
Challenge in this appeal is to the order of the writ court dated 30.10.2023 in W.P.No.17878 of 2020, wherein the authorities were directed to regularise the services of the first respondent in the category of Overhead Tank Operator or Sweeper with effect from 11.09.2001.
The first respondent herein claimed to have been appointed in the year 1990 as Nominal Muster Roll (NMR) in the Public Works Department (PWD) to deal with the Overhead Tank maintenance in the town panchayat.
Based on G.O.(Ms.)No.198 Municipal Administration and Water Supply Department dated 26.10.1998, by which the NMRs who had been working as on 01.10.1996 were brought under regular employment in the sanctioned posts and the benefits were extended to several persons, the first respondent also made a claim on 01.09.2001 for absorbing him under regular time scale.
The appellant panchayat had also passed a Resolution in No.57 to absorb the first respondent under regular time scale.
The appellant had resisted the claim by denying that the first respondent was ever employed by them and further, they had been doing the work by entering into a contract with one Self Help Group in respect of handling the process of solid waste m
Procedural History
The first respondent filed W.P.No.17878 of 2020 seeking regularization. The writ court allowed the petition on 30.10.2023 directing regularization. The appellant filed the present writ appeal.
