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Judgment
N. Paul Vasantha Kumar, J.—Heard Mr.R.Sivakumar, learned counsel appearing for the review applicants and Mr.V.Gangatharan, learned counsel appearing for the private respondents and contempt petitioners and Mr.V.Subbiah, learned Special Government Pleader appearing for the official respondents.
These review applications are filed seeking to review the order passed by this Court in W.P. Nos. 22471 of 2010, dated 01.12.2010 and W.P. Nos. 7261 & 7262 of 2012 dated 10.3.2011 respectively, giving direction to regularise the services of the private respondents on completion of ten years of service with time scale of pay and also giving direction to the 1st respondent in the writ petition to consider the services of the private respondents and find out as to whether the private respondents have completed three years of service in the 2nd respondent Municipality, including the services rendered by the private respondents on their upgradation and grant the relief of regularisation from the date of completion of three years. Necessary order is directed to be passed, within a period of eight weeks from the date of receipt of a copy of the order.
After the orders passed in the writ petitions, the Kuniamuthur Municipality is merged with the Coimbatore City Municipal Corporation and the Commissioner, Coimbatore City Municipal Corporation has filed these review applications, by contending that even though Kuniamuthur Municipality had passed Resolution No. 23, dated 03.3.2010 recommending the Government to permit the Municipality to absorb the private respondents, no order had been passed by the Government and therefore, the private respondents are not entitled to get absorption and the said fact was not placed before this Court, while arguing the writ petitions by the respondents in the writ petitions.
In view of the said stand taken by the Coimbatore City Municipal Corporation in the review applications, the Secretary, Municipal Administration and Water Sewerage Department was impleaded as party respondent and directed to file counter-affidavit.
In the counter-affidavit filed by the Secretary to Government, M.A. & W.S. Department, it is stated that in the Resolution passed by the then Municipality itself, it was declared that the private respondents are working under the Contractors as contract workers and the Government noticed that those contract workers are not eligible for permanent posts in the Corporation, since they are employed under Solid Waste Management Scheme through outsourcing method and therefore, they are not eligible for permanent post in the Corporation.
The learned counsel appearing for the private respondents submits that Government has not chosen to pass any order, though the Resolution was signed as early as on 03.3.2010.
The learned Special Government Pleader, on instruction, submits that the Government will consider the Resolution dated 03.3.2010 passed by the then Kuniamuthur Municipality within a period of six weeks and give reply to the private respondents. The said submission of the learned Special Government Pleader is recorded. The learned counsel for the private respondents also agrees for such arrangement.
Recording the said submission, the Review Applications are closed. The Government is directed to pass orders on the Resolution dated 03.3.2010 passed by the then Kuniamuthur Municipality, within a period of six weeks from the date of receipt of a copy of this order.
Since the order against which the Contempt Petition is filed is reviewed by directing the Government to pass orders on the Resolution dated 03.3.2010, the Contempt Petition is also closed. No costs. Consequently, the connected Miscellaneous Petitions are closed.