This writ petition has been filed seeking a writ of mandamus directing the respondents 2 and 3 to create one post of Driver for one vehicle purchased by the fourth respondent Town Panchayat for removal of garbage, based on the proposal submitted by the 4th respondent vide proceedings Na.Ka.No.212/2013 dated 08.02.2014 and Na.Ka.No.176/2016 dated 28.12.2016 from the date of the issue of G.O. Ms. No.37, Municipal Administration and Water Supply Department (T.P. dated 01.02.2011) so as to enable the petitioner to get time scale of pay from 01.02.2011, after adjusting his consolidated pay.
2 The petitioner was appointed as Driver in the Marungoor Town Panchayat, the fourth respondent, on consolidated pay on 29.08.2008. As the petitioner had passed X and XII standard examination and had also obtained Light Motor Vehicle driving licence on 12.08.1999 followed by Heavy Motor Vehicle driving licence, which are also registered in the Employment Exchange, Nagercoil, he was issued with the appointment order for a monthly salary of Rs.3,500/-. While so, the fourth respondent-Town Panchayat also passed resolution no.16 on 06.01.2014 stating that it requires a mini lorry to remove the solid waste/garbages, for taking the sanitary items and for cleaning streets. When the said resolution had already been passed by the fourth respondent, without considering the proposal submitted by the fourth respondent to the third respondent, the second respondent, vide proceedings dated 22.12.2016, has again called for a proposal from the fourth respondent and accordingly, the same was also furnished by the fourth respondent to the third respondent vide proceedings in Na.Ka.No.176 dated 28.12.2016.
3 At this stage, it is contended by the learned counsel for the petitioner that when the Government has already issued an order permitting the second respondent to create one post of Driver for one vehicle in each Town Panchayat, the respondents 2 and 3 cannot keep quiet without implementing the Government Order.
4 Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, accepting notice for the respondents, sought reasonable time to consider the proposal submitted by the fourth respondent.
5 Recording the aforesaid submission made by the learned Special Government Pleader, as a proposal has already been forwarded by the fourth respondent on 28.12.2016, the respondents 2 and 3 are directed to create one post of Driver for one vehicle and pass orders within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this writ petition stands disposed of. Costs made easy. Connected W.M.P. is closed.
05.06.2017 Speaking order/Non speaking order Index: Yes/No cad To 1 The Secretary Municipal Administration & Water Supply (T.P.) Department Government of Tamil Nadu Fort St. George Chennai 600 009 2 The Director of Town Panchayats Kuralagam Building Chennai 600 108 3 The Assistant Director of Town Panchayats Nagercoil Region Kanyakumari District 4 The Executive Officer Marungoor Town Panchayat Marungoor Post Agastheeswaram Taluk Kanyakumari District T.RAJA, J.
cad W.P.No.13736 of 2017 05.06.2017 http://www.judis.nic.in