LAWS(MAD)-2003-6-28

M UMAR FAROOQ HUSSAIN Vs. MANAGING DIRECTOR

Decided On June 19, 2003
M.UMAR FAROOQ HUSSAIN Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) In W.P.No.45840 of 2002 filed by the President of the Chennai Metropolitan Water and Sewerage Board Revenue Collectors Association, the petitioners seek for the issue of a writ of certiorarified mandamus, to call for the records relating to the order of second respondent dated 29.6.2002, and to quash the same.

(2.) In W.P.No.3626 of 2003 filed by the four individual petitioners also, they pray for the issue of a writ of certiorari to quash the proceedings dated 2.9.2002 and the consequential order of the General Manager, Chintadripet, C.M.W.S.S.B., dated 24.12.2002 and to quash the same.

(3.) The petitioner Association contends that 70 persons were appointed as Demand Servers from the year 1984 and that the work of the Demand Servers are to serve the demand notices to the consumers and to collect the revenue and remit the same with the respondent Board. In 1986, they were redesignated as Revenue Collectors. In the same way Meter Readers who were also doing the same work, were redesignated as Revenue Collectors. From 1986 onwards, only Revenue Collectors were appointed. The Revenue Collectors were given Selection Grade after completion of 10 years of service in terms of the Regulations. The Revenue Collectors were fixed with pay scales of Rs.610/- as basic pay with all other admissible allowances. The petitioner further contends that all the Revenue Collectors inclusive of the redesignated Readers and Demand Servers were placed on the same level. Promotion would depend only on seniority in their service. By order dated 2.12.1997, the second respondent cancelled the conferment of selection grade given to the Revenue Collectors after they had completed 10 years of service. Such cancellation being illegal, the petitioners filed W.P.No.2346 of 1998. The said writ petition was allowed by this Court without going into the rival contentions as the impugned order was liable to be set aside for violation of principles of natural justice. The Board was directed to give notice to 68 Revenue Inspectors who were affected by the said order of cancellation, calling for their explanation and the respondents were directed to consider the same and pass orders. Subsequently, a notice was issued and after considering the representation, the respondents passed an order dated 29.6.2000 cancelling the conferment of Selection Grade in favour of 68 persons. Hence, aggrieved by the same, the petitioner had approached this Court.