M SEKAR Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION CHENNAI

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to challenge an order dated 13.08.2009 and after setting aside the same seeks for a direction to" to regularize his service in the post of Water Pipeline Fitter in the scale of pay of Rs.3050-4590." By the impugned order, the petitioner was informed that under the Municipal Engineering Service Rules, for the post of Water Pipeline Fitter, qualification of ITI and 10th Standard was fixed as educational qualification and since the petitioner do not have the said educational qualification, his request cannot be considered.

(2.) INITIALLY, when the matter came up on 17.09.2009, private notice was ordered to be served on the respondents." Subsequently, on 21.10.2009, the writ petition was admitted.

(3.) IN the said GO, it was stated that as on the date of 31.12.1996, those who were working on daily rated basis can be fixed in the consolidated pay if they were ing for a long time after being sponsored by the Employment Exchange, though registered in the Employment Exchange but not sponsored through Employment Exchange and engaged on daily wages basis, they can be appointed on the basis of their seniority in the Employment Exchange; in case they have not registered in the Employment Exchange, but working as daily rated workers, they can be directed to registered their names in the employment exchange and thereafter, on the basis of seniority, they can be appointed. But such appointee must have educational and technical qualifications prescribed in the said GO. IN case, they are not in possession of educational and technical qualification, necessary relaxation may be given after getting orders from the Director of Municipal Administration or Director of Town Panchayat and those persons can be appointed on the basis of the educational qualification in the minimum scale of pay.