M KRISHNASWAMY Vs. COMMISSIONER

JUDGEMENT

(1.) PETITION filed seeking for a Writ of Mandamus, to direct the respondents to appoint the applicant to the post of Turn Cock in the 1st respondent municipality by relaxing the rules with respect to educational qualification with all consequential service and monetary benefits and grant him such other relief as this Honourable Court may deem fit under the circumstances, arising out of this case. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) THE petitioner's father, Mahalingam, had died, on 12.8.1980, while he was in service, as a permanent employee, in Nagercoil Municipality. Since the family of the deceased employee was in indigent circumstances, the first respondent, with the concurrence of the second respondent, had appointed the petitioner, as a Nominal Muster Roll employee, in Nagercoil Municipality, on daily wage basis, on 28.6.1985. THEreafter, the petitioner has been working as a Nominal Muster Roll employee, in the Water Supply Department, as a Tank Valve Operator. As such, he is fully trained to handle water supply equipments etc. To be appointed as a Turn Cock, in the Municipal Service, the educational qualification required is a pass in 8th standard. Further, the candidate must have an experience of three years in Water Supply service. THE petitioner having served in the Water Supply Department of the Municipality, for over 15 years, he is fully qualified, except in respect of the educational qualification, as he has studied only up to VI standard. Even though the petitioner has been making a number of representations to the Municipal authorities concerned, to regularise the service of the petitioner, no order has been passed, in his favour, till date.

(3.) IN view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents and in view of the said communication of the second respondent, dated 9.7.1999, it is clear that the name of the petitioner has been under consideration for being considered to be regularised in service. IN such circumstances, the second respondent is directed to consider the request of the petitioner, for being regularised in service, if it had not been done, till date, in view of his proceedings, dated 9.7.1999, and pass appropriate orders thereon, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.