WP/10192/2024 of K.GOPAL Vs THE SECRETARY TO GOVERNMENT

WP No. 10192 of 2024 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 10192 of 2024 & WMP.No.11242 of 2024 K.Gopal S/o. Krishnasamy, No. 5/1, Kannimar Kovil Street, Valliammaipuram Vellalur, Coimbatore District - 641 111. ..Petitioner(s) Vs 1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009. 2. The Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600 028. 3. The District Collector State Bank Road, Gopala Puram, Coimbatore - 641 018. 4. The Assistant Director of Town Panchayat, Coimbatore Region, Collectorate Campus, Coimbatore - 641 018. 5. The Executive Officer Vellalur Town Panchayat, Vellalur, Coimbatore - 641 111. ..Respondent(s) Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records and quash the impugned order in Na.Ka.No. 855/ 2022 dated 20.04.2023 passed by the 5 th respondent and thereby direct the 5 th respondent to send proposal for relaxation https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page2 of 8 of petitioner educational qualification to the 2 nd respondent and consequently direct the 2nd respondent to relax petitioner educational qualification and further direct the 5 th respondent to hold the post of water supplier under regular time scale from the date on which petitioner had completed three year s consolidated pay service along with monetary arrears by considering petitioner vast experience as in accordance with G.O.No.198 issued by the 1 st respondent as early as possible within the time frame that may be stipulated by this Hon’ble court. For Petitioner(s): Mr.V.Sivakumar For Respondent(s): Mr.C.Selvaraj, Additional Government Pleader ORDER The relief claimed in the above writ petition is as follows; “for a Writ of Certiorarified Mandamus, to call for the records and quash the impugned order in Na.Ka.No. 855/ 2022 dated 20.04.2023 passed by the 5 th respondent and thereby direct the 5th respondent to send proposal for relaxation of petitioner educational qualification to the 2 nd respondent and consequently direct the 2 nd respondent to relax petitioner educational qualification and further direct the 5 th respondent to hold the post of water supplier under regular time scale from the date on which petitioner had completed three years consolidated pay service along with monetary arrears by considering petitioner vast experience as in accordance with G.O.No.198 issued by the 1 st respondent as early as possible within the time frame that may be stipulated by this Hon’ble court.” https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page3 of 8 2.It is the case of the petitioner that he had been appointed as over head water tank watchman-cum-part time water supplier on a temporar y basis on a consolidated monthly salary of Rs.200 per month vide the proceedings of the fifth respondent dated 10.02.1995. Thereafter, the petitioner’s consolidated wages were being increased periodically on the basis of G.O.Ms.No.198 dat ed 26.10.1998. The following are the details of the enhancement: “From 01.09.1999 Rs.650- per month From 01.09.2000 Rs.700/- per month From 01.09.2001 Rs.750/- per month From 01.09.2002 Rs.800/- per month” 3.The petitioner was brought into the time scale of pay of Rs.2550-55- 2660-60-3200 from 23.06.2006 by the proceedings of the fifth respondent dated 13.05.2015 as per G.O.Ms.No.60 dated 23.06.2006 of the Rural Development Department. He was also disbursed with the arrears of wages. 4.The petitioner would further submit that he had made several personal requests to the fifth respondent to relax his educational qualification by applying the provisions of G.O.Ms.No.198 dated 26.10.1998. However the same was not considered. https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page4 of 8 5.Without considering the request for relaxation, the fifth respondent by his proceedings dated 27.03.2017 cancelled the fixation of time scale of pa y on the petitioner’s service and demoted him to the vacant sweeper post and fixed his salary at Rs.4,800-10,000 plus grade pay 1,300 and other allowances. Though he was demoted, the petitioner is continuously working as over head tank water supplier. 6.The petitioner had filed W.P.No.15776 of 2017 to implement G.O.Ms.No.155 dated 09.03.2015 to regularise the petitioner’s services. This Court by order dated 10.01.2022 passed an order stating that the petitioner’s job was already regularised and consequently directed the respondents to pay all the arrears of payments within a period of eight weeks. Since the payments have not been made as per the orders of the Court, the petitioner had given a representation dated 08.08.2022 to the fifth respondent. Though the representation was acknowledged, it was not acted upon. Therefore, the petitioner filed W.P.No.4629 of 2023. This Court by order dated 21.02.2023 directed the respondents 1, 2 and 5 to consider the petitioner’s repr esentation dated 08.08.2022 in accordance with law, within a period of three months and pass orders. Since the respondents had not complied with the orders of thi s Court, the petitioner has issued a contempt of court notice to the res pondents and since they had not complied with the order even thereafter, t he petitioner had filed Cont.P.No.2434 of 2023 and it is only when the Contempt Petition https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page5 of 8 was posted for admission that the respondent had passed the impugned order dated 20.04.2023, wherein, they had rejected the petitioner’s request. Challenging the same, the petitioner is before this Court. 7.Heard the rival submissions and perused the materials available on record. 8.The impugned order has been passed on the ground that G.O.Ms.No.155 clearly states that no relaxation can be permitted i n respect of the petitioner’s appointment and contended that there cannot be a relaxa tion, however, a perusal of G.O.Ms.No.198, which has also been referred to in G.O.M.s.NO.155 provides as follows; “(5) If the required educational and technical qualifications is not possessed suitable orders must be obtained from the Commissioner for Municipal Administration/Director of Town Panchayats for relaxing the said rules specifically for them. Further such persons can be employed based on their educational qualification at the minimum wages” 9.The petitioner has made several applications to consider relaxation i n tune with G.O.Ms.No.198. In the Judgment of the Hon’ble Supreme Court in Bhavathi Prasad Vs. Delhi State Mineral Development Corporation reported in 1990 (1) LLJ 320 , the Hon’ble Supreme Court held that in case of long https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page6 of 8 service, educational qualification can be relaxed as the gained experience can be equated to educational qualification. The Hon’ble Supreme Court has hel d as follows; “Practical experience would always aid the person to effectively discharge the duties and is sure guide to assess the suitability. The initial minimum educational qualification prescribed for the different posts is undoubtedly a fact to reckoned with but it is at the time of the initial entry into the servi ce. Once the appointments were made as daily rated workers and they were allowed to work for a considerable length of time, it would be hard and harsh to deny them the confirmation in the respective posts on the ground that they lack the prescribed educational qualifications. In our view, three years experience, ignoring artificial break in service for short period/periods created by the respondent, in the circumstances, would be sufficient for confirmation.” 10.Admittedly, the petitioner has been serving the respondent since the year 1995 and even after he has been demoted to the post of sweeper, he is continuing to discharge the duty of a over head water tank operator. I n these circumstances, the respondents ought to have considered the representation of the petitioner in the light of clause 5 of G.O.Ms.No.198 and the fact tha t he has been discharging the duties in the above post since 1995. 11.Therefore, the Writ Petition is allowed and the impugned order is set aside and the fifth respondent is directed to consider the representa tion of the https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page7 of 8 petitioner dated 08.08.2022 in the light of G.O.Ms.No.198 and his practical experience and relax the educational qualification. The said exerc ise shall be done within a period of two (2) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009. 2.The Director of Town Panchayats, 7th & 8th Floor, Urban Administrative Office Campus, Chennai - 600 028. 3.The District Collector State Bank Road, Gopala Puram, Coimbatore - 641 018. 4.The Assistant Director of Town Panchayat, Coimbatore Region, Collectorate Campus, Coimbatore - 641 018. 5.The Executive Officer Vellalur Town Panchayat, Vellalur, Coimbatore - 641 111. https://www.mhc.tn.gov.in/judis WP No. 10192 of 2024 __________ Page8 of 8 P.T.ASHA, J. TSG WP No. 10192 of 2024 & WMP.No.11242 of 2024 06-04-2026 https://www.mhc.tn.gov.in/judis