Madras High Court
Unknown vs G.Sugumaran on 13 September, 2019
Bench: S.Manikumar, Subramonium Prasad
W.A. Nos.1258 of 2018 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.A.Nos.1258, 2515, 2879, 2880, 2881, 2882, 2883, 2884 of
2018, 3/2019, 730 & 731/2018, 8, 84, 85, 86, 87, 89, 90, 91,
93 of 2019 and 957 of 2018
and
C.M.P.Nos.10404/2018, 127/2019, 20/2019, 20341/2018,
23867/2018, 23869/2018, 23871/2018, 23872/2018,
23874/2018, 23878/2018, 6998/2018, 6999/2018,
7000/2018, 8148/2108, 83/2019, 8319/2019, 799/2019,
800/2109, 812/2019, 805/2019, 806/2019, 807/2019,
809/2019
W.A. No.1258 of 2018
1.The Home Secretary
St. George Fort, Chennai - 9
2.The Secretary to the Government
Department of Education
St. George Fort, Chennai - 9
3.The Director of School Education
O/o.The Director of School Education
Nungambakkam, Chennai
4.The Chief Educational Officer
O/o.Chief Educational Officer
Kancheepuram, Kancheepuram District
5.The District Educational Officer
O/o.The District Educational Officer
Kancheepuram, Kancheepuram District
http://www.judis.nic.in
Page No.1 of 121
W.A. Nos.1258 of 2018 etc. batch
6.The Headmaster
Govt. High School, Salavakkam
Kancheepuram District ... Appellants
Vs.
G.Sugumaran ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
against the Order dated 16.02.2017 made in W.P.No.19954 of 2013.
For Appellants : Mr.C.Munusamy,
Spl. Govt. Pleader for Education
For Respondent : Mr.M.Sarfudeen Ali Ahmed
JUDGEMENT
(Judgment of the Court was delivered by S.MANIKUMAR, J) Challenge in the instant writ appeals is to the orders of the writ court, which held that the petitioners, who had put in considerable service on consolidated pay, are entitled to be regularised in the said post and directed the Secretary to the Government, Department of Education, Government of Tamil Nadu, Chennai, to regularise the service of the writ petitioners, within a period of six weeks from the date of receipt of a copy of the order.
2. Short facts leading to the filing of the writ appeals are that, Parents Teachers Associations (PTA) of the schools, appointed as http://www.judis.nic.in Page No.2 of 121 W.A. Nos.1258 of 2018 etc. batch Office Assistants, Night Watchmen, Watchmen, Sweepers, Water Supply Attendant, etc., and they are serving in various schools for more than ten years, on meagre consolidated wages.
3. Government of Tamil Nadu have issued an order in G.O.Ms.No.47, School Education Department, dated 02.03.2012 whereby 5000 Sweepers and allied non-Teaching Staff were sought to be recruited on Special Scale of Pay. Some of the persons who were appointed by the PTA and serving in the Schools for a considerable period, made a representation to the appellants to consider them for regularising their services. When appointments under G.O.Ms.No.47 was sought to be made, the Government, in certain cases, rejected the claim of the appointees stating that they were not properly appointed through Employment Exchange, communal rotation not followed and age criteria, were not taken into consideration, at the time of ad hoc appointment. Government had also pointed out that these appointments were made on the basis of PTAs recommendations and hence, their services cannot be regularized and accommodated under G.O.Ms.No.47, dated 02.03.2012. Aggrieved against the rejection, Sweeper, Watchmen, and others have filed the writ petition before this Court.
http://www.judis.nic.in Page No.3 of 121 W.A. Nos.1258 of 2018 etc. batch
4. Some of them whose recommendations were not considered, have filed writ petitions, seeking for a Writ of Mandamus, to regularize their services, since the government have taken a decision to appoint 5000 Sweepers and allied basic service employment under G.O. Ms.No.47 dated 03.02.2012.
5. Based on the averments and submission made by the learned counsel for the parties, writ court, granted the relief sought by the writ petitioners.
6. Being aggrieved by the order of the writ court, instant writ appeals have been filed on the following grounds:
1. Writ Court could have seen the fact that, all the respondents/petitioners were engaged by the School Parent Teacher Association of the concerned schools, in which the they worked, (i) as Night Watchman, (ii) Water-man or Water-
woman, and (iii) sweeper. All Respondents/Petitioners were not appointed in Government sanctioned vacant posts, and following appointment rules as per Tamilnadu Basic Servants Service Rules. Therefore, the Respondents/Petitioners could not be considered for regular appointment in Tamilnadu Government Service.
2. Writ ought to have considered that the Respondents/Petitioners have not been engaged in full time employment by the Parent Teacher Association. They have been engaged to do their work only for one or two hours daily. Since they aid their work only for a part time of a day, their services http://www.judis.nic.in Page No.4 of 121 W.A. Nos.1258 of 2018 etc. batch could not be regularized from the date of their initial joining.
3. Writ Court could have observed that all the Respondents/Petitioners were not paid salary from Government Fund. They were paid fixed amount per month as decided by the PTA, for their services from the School Parent Teacher Association Fund created for the purpose of school improvement, with the donations received from the public. Hence the Respondents/Petitioners are not eligible to be considered for regular appointment.
4. Writ Court ought to have considered that the School Parent Teacher Association is a Service Organization permitted to form in all the Schools, by the Government in order to engage the Parents along with the School Teachers in the school improvement activities only. The Parent Teacher Association cannot take part in School Administration in any way. In respect of High and Higher Sec Schools, the Headmaster is the administrative officer and the District Educational Officer of the Educational District concerned is appointing authority for Last Grade Government Servants. Therefore the Respondents/Petitioners engaged by the School Parent Teacher Association in some schools could not be brought into regular time scale of pay and their services could not be regularized.
5. Writ Court ought to have considered the fact that, in compliance to Hon'ble High Court's order dated 13.09.2012 in W.P.No.25061 of 2012 and W.M.P.No.1 of 2012, the Government of Tamilnadu already issued an appropriate reply to the General Secretary of Tamilnadu Last Grade Government Servants and Basic Servants State Association, in Rc. No. 34633/R1/2012-2 dated 2.1.2013, stating that the School Parent Teacher Associations have been organized in all Schools in order to engage the Parents in School Improvement activities along with teachers. The Parent Teacher Association is not empowered with appointment of any teaching and non-teaching http://www.judis.nic.in Page No.5 of 121 W.A. Nos.1258 of 2018 etc. batch staff in schools. If additional teaching and non-teaching staff is required in any school, the Parent Teacher Association itself make temporary arrangements by engaging suitable locally available persons and salary is to be paid from School Parent Teacher Association Fund. Hence, the persons appointed by Parent Teacher Association could not be regularized from the date of their initial date of joining, as they were not appointed as per service rules following the norms such as (i) Employment Registration (ii) Educational Qualifications, (iii) Age (iv) Communal roster etc., Though the Government have clearly explained the inability of regularizing the services of the part time servants appointed under Parent Teacher Association, the claim for regularisation of such temporary servants appointed by Parent Teacher Association is contrary to Government Rules.
6. Writ Court ought to have considered that Last Grade Government Servant appointments are being made in Tamilnadu Government service only through the Employment Exchange. The Respondents/Petitioners names were not sponsored by the relevant District Employment Offices, when the qualified persons list were called for by relevant District Educational Officers, for making direct appointments as Sweeper. Night Watchman in the newly sanctioned posts in G. O. Ms. No. 47/School Education (R1) Dept. dated 2.3.2012. If they already registered their qualifications in Employment Exchange seeking appointment, their names would have been sponsored by the relevant District Employment Officers according to date of registration seniority, and the Respondents/Petitioners might have been considered for appointment according to service rules, giving priority to their previous experience. It seems that they were not registered in Employment Exchange and hence the Respondents/Petitioners are not eligible to get their services regularized since they were engaged as Sweeper, Watchman and Water-man by the School Parent Teacher Association.
http://www.judis.nic.in Page No.6 of 121 W.A. Nos.1258 of 2018 etc. batch
7. Writ Court ought to have considered the fact that there is no statutory Rule for giving priority for appointment of such Parent Teacher Association candidates to be appointed to such permanent posts.
8. Writ Court ought to have considered the fact that the respondents neither worked in the post of part time worker nor contingent paid menial and was paid salary by the Government to consider their candidature to the appointment to the post of special time scale Watchman nor scavenger. They were paid salary by the Parent Teacher Association who appointed him directly without following any rule of reservations.
9. Writ Court ought to have considered the fact that it has been repeatedly held in various Government Orders that an employee who was not appointed in any posts involving pay paid by government cannot claim his right for such regularization of the job.
10. Writ Court ought to have considered the fact that in many Writ Petitions and Writ Appeals filed by many like the Respondents the Hon’ble High Court has dismissed the claims and have rendered justice in many cases. Its submitted that the Hon’ble Bench of the Madras High Court in W.A.No. 2146 of 2013 in its orders dated 17.11.2014 has allowed the Writ Appeal.
11.Writ Court ought to have considered the fact that the Apex Court has declined regularization to employees working in part time posts and the Respondents who is working as an employee appointed by the school Parent Teacher Association and who was not appointed to a post sanctioned by the government and paid salary by the Parent Teacher Association and his claim for regular post ought to have been negative and ought to have dismissed the Writ Petition filed by the Respondent against law.
12. Writ Court ought to have considered the fact that the http://www.judis.nic.in Page No.7 of 121 W.A. Nos.1258 of 2018 etc. batch Hon’ble Supreme Court of India in its order in State of Karnataka & Ors Vs Umadevi & (AIR) 2006 SC 1806, held as follows : -
“There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitments rules.”
13. Writ Court ought to have considered the fact that the Hon’ble Supreme Court of India in its order in State of Rajasthan & Ors Vs Daya Lai & Ors, (AIR 2011 SC 1993), has held as follows : -
"14. (i) High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularization, absorption or permanent continuance, unless the employees claiming regularization had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. The equality clause contained in Articles 14 and 16 should be scrupulously followed and courts should not issue a direction http://www.judis.nic.in Page No.8 of 121 W.A. Nos.1258 of 2018 etc. batch for regularization of services of an employee which would be violative of constitutional scheme. While something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the root of the process, can be regularized, back door entries, appointments contrary to the constitutional scheme and / or appointment of ineligible candidates cannot be regularized.
(ii) Mere continuation of service by an temporary or ad hoc or daily - wage employee, under cover of some interim orders of the court, would not confer upon him any right to be absorbed into service, as such service would be litigious employment. Even temporary, and hoc or daily - wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularization, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularization in the absence of a legal right.”
14. Writ Court ought to have considered the fact that the Hon’ble Supreme Court of India in its order in Civil Appeal Nos. 2726-2729 of 2014 filed by the Secretary to Government, School Education Department, Government of Tamil Nadu - Versus - Thiru.R.Govindasamy & others interalia held that there is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service and even temporary, ad hoc or daily - wage service for a long number of years, left alone service for one or two years, will not entitle such employee to claim regularization, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularization in the absence of a legal right. The above said order of this court is squarely applicable to the present case also.
15. Writ Court erred in relying upon the http://www.judis.nic.in Page No.9 of 121 W.A. Nos.1258 of 2018 etc. batch misrepresentation made by the Respondents/Petitioners interpreting the government orders on his own accord with regard to get the Respondents/Petitioners services regularized.
16. Writ Court failed to appreciate the valid point, if the writ petitioner's prayer was allowed as requested by them, it will be become bad precedent and those who are similarly appointed like the Respondents/Petitioners in other Government High and Higher Secondary School, by the Parents Teachers Association numbering to several Thousands may make similar claims and it will cause much hardship to the Government and cause heavy expenditure to the State exchequers.
7. On the basis of the grounds raised and citing the judgments quoted on the grounds of appeal, Mr.C.Munusamy, learned Special Government Pleader submitted that the respondents were engaged purely on ad hoc basis with a view to carry out the day today work in Government High/Higher Secondary Schools. It is the further submission of the learned Special Government Pleader that they were engaged by the Parent Teachers Associations of the respective schools. No procedure was followed for engaging these persons to work, as laid down by the Tamil Nadu State and Subordinate rules or calling for candidates from the respective Employment Exchange, communal roster and age rule. It is his further submission that wages for these persons was not paid from State exchequer, but by the local arrangements. The Head Masters of the respective schools met the http://www.judis.nic.in Page No.10 of 121 W.A. Nos.1258 of 2018 etc. batch expenditure towards the wages from the PTA fund created by the volunteers donation from Parent and Public. These persons were not put to regular working hours, namely, from 9 am to 5 pm, the regular employees such as Office Assistants, but they were engaged to work for short of time for 2 or 3 hours. The amount paid to these persons by the account of the respective schools are not uniform, but it varied from school to school, depending upon the available funds with the PTA. These persons were engaged on daily basis on fixed amount.
They are not entitled to claim regularisation vide Civil Appeal No.2726 to 2729 of 2014 dated 21.02.2014 ordered by the Hon'ble Supreme Court of India, New Delhi. The services of these persons were not utilized during the period of school vacation and therefore the lack of continuity in services prevailed and for the above reasons, prayed to set aside the orders made in the Writ Petitions, which are impugned in the writ appeals.
8. Per contra, inviting the attention of this court to the service particulars (Appointment orders), length of service, as certified by the Headmasters of various schools, previous orders passed by this court in W.P. No.29419 dated.23.12.2010 and similar orders passed, learned counsel for the respondents submitted that the respondents have been working as Sweepers, Attendants, Watchmen for years http://www.judis.nic.in Page No.11 of 121 W.A. Nos.1258 of 2018 etc. batch together. Their appointment as Sweepers, Attendants and Watchmen are very much required for a school. Inviting the attention of this court to an order of the Hon'ble Supreme Court in Sabha Shanker Dube vs. Divisional Forest Office & Ors dated.14.11.2018, learned counsel for the respondents submitted that the respondents were not paid even the minimum wages, ever since their appointment. About 5000 non-teaching posts have been sanctioned and many posts are still vacant. School authorities cannot say that the appointments of the respondents, is by a back door method. All the Headmasters are aware of the appointments. Citing the court orders, issued earlier, learned counsel for the respondents, prayed to sustain the order made in the writ petitions.
9. Heard the learned counsel for the parties and perused the materials available on record.
10. Government of Tamil Nadu have issued G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28.02.2006, and the same is extracted hereunder:-
"GOVERNMENT OF TAMILNADU ABSTRACT Public Services - Employees working on daily wages - Bringing into regular establishment on completion of ten years of service as on http://www.judis.nic.in Page No.12 of 121 W.A. Nos.1258 of 2018 etc. batch 1.1.2006 - Orders issued.
------------------------------------------------------------------- PERSONNEL AND ADMINISTRATIVE REFORMS (F) DEPARTMENT G.O.Ms.No.22 Dated : 28.2.2006 ORDER:
The Hon'ble Chief Minister had announced during the Tamil Nadu Government Officials Union and Government Servants and Teachers Associations General Conference held on 8.2.2006, that the services of employees working in various Government Departments on daily wages basis who have completed more than 10 years of service as on 1.1.2006 will be regularised.
2. Based on the announcement made by the Hon'ble Chief Minister on 8.2.2006, the Government direct that the services of the daily wages employees working in all Government Departments who have rendered 10 years of service as on 1.1.2006 be regularised by appointing them in the time scale of pay of the post in accordance with the service conditions prescribed for the post concerned, subject to their being otherwise qualified for the post.
3. The Departments of Secretariat may, therefore, be directed to pursue action to regularise the services of the daily wages employees working in all Government Departments, who have rendered 10 years of service as on 1.1.2006 as ordered in para 2 above, in consultation with the respective Heads of Departments wherever necessary. In special cases wherein relaxation of rules is required, proposal shall be sent to Government.
4. This order issues with the concurrence of Finance Department vide its U.O.No.985/FS/P/2006 Dated 28-2-2006.
(BY ORDER OF THE GOVERNOR) N.NARAYANAN CHIEF SECRETARY TO GOVERNMENT"
http://www.judis.nic.in Page No.13 of 121 W.A. Nos.1258 of 2018 etc. batch
11. Directorate of School Education, Chennai in his letter No.101568/W26/04 dated 8.6.2006, had sent proposals to appoint against 201 vacancies (117 already existing in Government and aided schools and 117 arising vacancies). In respect of 12 part time vocational instructors, Director of School Education, Chennai, had opined that those who were not fully qualified, can be given orientation training and they can be considered as Grade II Vocational Instructions from 8.2.99, the date of posting. Government have issued ordered in G.O. (Ms) No.46 School Education (VE) Department dated 12.9.2006, that 12 part time Vocational Instructors working in schools, against posts not sanctioned by the government and paid from the funds of the Parent Teachers Associations be inducted.
Having considered the proposals of the Director of School Education, Chennai and knowingly fully well that 201 Vocational Teachers have been appointed temporarily, by the Parent Teachers Associations, not through Employment Exchange, roster method not followed, and inasmuch their appointment is after 5.7.71, Government have granted exemption to them from the applicability of G.O.Ms. No.790 Labour and Employment Department and granted permission to the Directorate of School Education, Chennai, fill up the posts, with the Vocational Instructors appointed by the Parent Teachers Association.
http://www.judis.nic.in Page No.14 of 121 W.A. Nos.1258 of 2018 etc. batch
12. Thus, in 2006, for 213 part time vocational teachers, appointed by the Parent Teacher Associations, and paid from their funds, government have issued orders that such vocational teachers should be appointed in the vacancies in time scale of pay on priority basis. G.O. Ms. No.35 School Education Department, dated 09.02.2007, reads thus:
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2006?2007 Mz;ow;fhd gs;spf;fy;tpj;Jiw khd;a nfhhpf;ifapd; nghJ jw;bghGJ muR kw;Wk; epjp cjtpbgWk; nky;epiyg; gs;spfspy;. gs;sp bgw;nwhh; Mrphpah; fHfk;-eph;thfj;jhy; Kw;wpYk; jw;fhypf mog;gilapy; gFjp neu bjhHpw;fy;tp Mrphpah;fshf epakdk; bgw;W gzpgh[ pgth;fspy; KG fy;tpj; jFjp bgw;w 213 bjhHpw;fy;tp Mrphpah;fs; murhy; mDkjp tH';fg;gl;L fhypahf cs;s bjhHpw;fy;tp Mrphpah; gzpapl';fspy; Kiwahd Cjpa tpfpjj;jpy; Kd;Dhpikgo epakdk; bra;ag;gl khz;g[kpF Kjy;th; mth;fs; Miz tH';fp cs;shh;fs; vd mwptpf;fg;gl;lJ/ 2/ ,J bjhlh;ghf gs;spf;fy;tp ,af;Feh; fPH;f;fz;lthW fUj;JU mDg;gpas[ s ; hh;/ (I) KGf;fy;tp jFjp bgwhj 12 gFjpneu bjhHpw;fy;tp Mrphpah;fSf;F FWfpafhy gapwr; p tH';fg;gl;L mth;fis bjhHpwf; y;tp http://www.judis.nic.in Page No.15 of 121 W.A. Nos.1258 of 2018 etc. batch Mrphpah; ,uz;lhk; epiy gzpaplj;jpy; mth;fs; njh;tpy; njh;rr; p bgw;w ehshd 8/12/99 Kjy; cl;gLj;jp jw;nghJ murhiz vz; 46 gs;spf;fy;tp ehs; 12/9/2006y; Miz btspaplg;gl;Ls;sJ/ (II) jw;nghJ muR kw;Wk; epjpa[jtp bgWk; gs;spfspy; 117 Kjy;
epiy gzpapl';fSk; fhypahf cs;sd/ 117 ,uz;lhk; epiy gzpahsh;fis Kjy;epiy gzpahsh;fshf gjtp cah;t[ K:yk; gzpakh;j;Jk;nghJ 201 ,uz;lhk; epiy gzpapl';fs; fhyp Vw;gLk;/ (III) bgw;nwhh; Mrphpah; fHf eph;thf epjpapypUe;J rk;gsk; bgw;W Rkhh; 622 gFjpneu bjhHpw;fy;tp Mrphpah;fs; muR mDkjp bgwhj gzpapl';fspy; gzpg[hpe;J tUfpd;wdh;/ ,th;fs; midtUk; bjhHpw; fy;tp Mrphpah;fSf;fhd KG jFjp bgw;Ws;sdh;/ ,th;fspy; 20/9/96w;F Kd; gFjpneu bjhHpw;fy;tp Mrphpah;fshf epakdk; bgw;W 20/9/96w;F gpwF KGf;fy;tpj; jFjp bgw;w 44 gFjpneu bjhHpw;fy;tp Mrphpah;fSk; kw;Wk; ntW ntW gs;spfspy; bjhlh;r;rpahf gzpg[hpa[k; ,uz;L gFjpneu bjhHpw;fy;tp Mrphpah;fSk; ml';Fth;/ 3/ nkny gj;jp (2) (II)y; Fwpg;gpl;lg;gl;Ls;s 201 fhypg;gzpapl';fspy; KGj;jFjp bgw;w gFjpneu bjhHpw;fy;tp Mrphpah;fis bjhHpwf; y;tp ,uz;lhk; epiy gzpaplj;jpy; U:/4500?125?6000 vd;w Cjpa epuf;fpy; epakdk; bra;ayhk; vd gs;spf; fy;tp ,af;Feh; fUj;JU mDg;gpa[ss ; hh;/ 4/ nkw;fz;l gs;spf; fy;tp ,af;Fehpd; fUj;JUtpid muR ed;F ghprPypj;jJ/ KGj;jFjp bgw;Ws;s 201 jw;fhypf gFjpneu bjhHpw;fy;tp Mrphpah;fshf epakpf;fg;glt[ss ; gzpahsh;fs;
ntiytha;g;gfk; K:yk; bjhpt[bra;ag;gltpy;iy/ ,th;fs; bgw;nwhh; Mrphpah; fHfk; Kyk; epakdk; bra;ag;gl;L bjhlh;e;J gzpgh[ pe;J tUfpdw; dh;/ Mjyhy; ,th;fs; bghUl;L ,dthhp RHw;rp Kiw filgpof;f tha;g;g[ VHhJ/ ,th;fs; murhiz (epiy) vz;/ 790 bjhHpyhsh; kw;Wk; ntiytha;g;gj[ ; Jiw ehs; 5/7/71?y; Fwpgg; plg;gl;Ls;sthW KGf;fy;tp jFjp bgw;wpUe;jhYk; 5/7/71f;Fg; gpdd; h; epakdk; bgw;wjhy; ,t;thizf;F jsh;tspj;J gs;spf; fy;tp ,af;Fehpd; foj vz;/101568-lgps;a[26-04 ehs; 13/12/06 cld; ,izf;fg;gl;l 201 KGj;jFjp bgw;w gFjpneu bjhHpw;fy;tp Mrphpah;fis 201 bjhHpwf; y;tp ,uz;lhk; epiy fhypg; gzpapl';fspy; U:/4500?125?6000 vd;w Cjpa epuf;fpy; Kd;Dhpikg;go epakdk; bra;jpl gs;spf; fy;tp ,af;FeUf;F mDkjp tH';fp muR MizpaLfpwJ/ http://www.judis.nic.in Page No.16 of 121 W.A. Nos.1258 of 2018 etc. batch 5/ ,t;thiz epjpjJ ; iwapd; m/rh/vz;/35- SS (Dr.KSG)- 2007 ehs; 09/02/2007?y; bgwg;gl;l ,irt[ld; btspaplg;gLfpwJ/
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13. In W.P. No.29419/2010 dated 23.12.2010, 38 sweeper/sanitary workers, working in the educational department, sought for a mandamus. After considering the rival submissions, a learned single Judge, ordered thus:
"The petitioners are all Sweepers/Sanitary Workers working in the Educational Department on daily wages for the past 20 years. According to them, they are entitled to regularization of services by virtue of G.O. Ms. No.505, Finance (Ka.Ka.2) Department, dated 14.10.2009 and other government orders.
2. It is seen that various individuals similarly placed as that of the petitioners have also moved this court by filing various writ petitions, including W.P. No.18126 of 2008 (M.Kumar v. The Director of School Education and others), wherein N.Paul Vasanthakumar, J., by order dated 29.7.2008, has ultimately held as follows:
"5. In view of the above, this writ petition is allowed with a direction to the 2nd respondent to regularise the services of the petitioner on her completion of ten years of service with time scale of pay. The regularization order is directed to be passed by the 2nd respondent within four weeks from the date of receipt of a copy of this order and arrears of salary payable to the petitioner, pursuant to the regularisation shall be paid to the petitioner within four weeks therafter.", http://www.judis.nic.in Page No.17 of 121 W.A. Nos.1258 of 2018 etc. batch thereby directing the respondents to regularise the services of the petitioner therein by passing appropriate orders, after verifying whether the petitioner therein has worked for more than ten years.
3. When a similar case was taken up on appeal by the educational authorities in W.A. No.1520 of 2010 (The Director of School Education and others v. P.Subramani), in the judgment dated 25.10.2010, a Division Bench consisting of Elipe Dharma Rao and K.K.Sasidharan, JJ., while dismissing the appeal, have held that in G.O. Ms. No.22, dated 28.2.2006 there is no clause stating that the regularisation should be from the date of completion of ten years and therefore, the respondent therein, who was the writ petitioner, was entitled to regularisation of services and dismissed the writ appeal.
4. The case of the petitioners in this writ petition is that they are also entitled to the benefits conferred by this court in the writ petition and the writ appeal. However, the learned Government Advocate would admit that even though they are entitled to the benefit of the said orders of this court, if the petitioners make individual representations, the same would be considered by the respondents in the light of the judgment of the Division Bench of this court and the various government orders.
In such view of the matter, the writ petition is disposed with a direction against the petitioners to send individual representations to the second respondent within one week from the date of receipt of a copy of this order and thereafter, the second respondent shall consider the representations of the petitioners in the light of the judgment of the Division Bench of this court in the Director of School Education and others v. P.Subramani, supra; the order of this court in M.Kumar v. The Director of School Education and others, supra; and taking note of the government orders which enable the regularisation of services where the person has been in employment for long http://www.judis.nic.in Page No.18 of 121 W.A. Nos.1258 of 2018 etc. batch period, and pass appropriate orders within eight weeks. No costs. Consequently, M.P. No.1 of 2010 is closed."
14. Implementing the said order, government have issued orders in G.O. (Ms) No.247 School Education (R1) Department dated 3.10.2012, fixing time scale of pay to 614 part-time, daily wages and contingent employees who have completed 10 years of service, by relaxing Rule 3A (reservation of appointments), 4(a), method of recruitment, 5(1) - Age and 5(2) - Educational Qualifications.
15. G.O. (Ms) No.247 School Education (R1) dated.3.10.2012 reads thus:
jkpH;ehL muR RUf;fk;
gs;spf; fy;tp / jkpH;ehL mog;gilg;gzp / gs;spf; fy;tpj; Jiwapd; fPH; bray;gLk; muR cah;epiyg; gs;spfs;. nky;epiyg; gs;spfs; kw;Wk; mYtyf';fspy; ntiytha;g;gfk; K:yk; kw;Wk; ntiytha;g;gfk; my;yhJ epakdk; bra;ag;gl;L cah;ePjpkd;wj;jpy; jPh;g;ghiz bgw;w gFjp neu. jpdf;Typ kw;Wk; rpy;yiu brytpd gzpahsh;fs; / 10 Mz;Lfhy gzp Koj;j ehs; Kjy; Kiwahd fhyKiw Cjpa tpfpjj;jpy; epakdk; bra;J Miz btspaplg;gl;lJ / mt;thizf;F jpUj;jk; / btspaplg;gLfpwJ. //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// gs;spf; fy;tpj; (Mh;) Jiw murhiz (epiy) vz;/ 247 ehs; 03/10/2012 jpUts;Sth; Mz;L 2043 g[ul;lhrp 17 gof;fg;gl;lit 1/ brd;id cah;ePjpkd;w ePjpg;nguhiz vz; 29412-10 kw;Wk; gy http://www.judis.nic.in Page No.19 of 121 W.A. Nos.1258 of 2018 etc. batch tHf;Ffspy; bgwg;gl;l jPh;g;ghiz ehs; 23/12/2010/ 2/ murhiz (epiy) vz;/ 111. gs;spf; fy;tpj;Jiw. ehs; 09/05/2012/ 3/ brd;id cah;ePjpkd;w mtkjpg;g[ tHf;F vz;fs; 1655. 1717. 1766. 1771. 1817. 1712. 1718. 1814. 2093. 1829 Kjy; 1836-2011 tiu ehs; 22/06/2012 kw;Wk; 27/07/2012/ //////// Miz nkny ,uz;lhtjhf gof;fg;gl;l murhizapy; 614 gFjpneu gzpahsh;fis mth;fs; gzpapy; nrh;e;J 10 Mz;Lfs; gzp Kof;Fk; ehspypUe;J Vw;fdnt xg;gspg;g[ bra;ag;glL fhypahf cs;s mog;gil gzpapl';fspy; Kiwahd gzpaplj;jpy; epakdk; bra;Jk;. Kiwahd gzpaikg;gpy; bfhz;L tug;gLk; gzpahsh;fSf;F Miz btspaplg;gLk; ehs; Kjy; gzg;gad;fSk;. gzp Xa;t[ bgw;wth;fSf;F gzp Xa;t[ bgw;w ehs; Kjy; Xa;t{jpa gyd;fSk; tH';f VJthf kDjhuh;fs; rhh;ghf jkpH;ehL mog;gil gzp rpwg;g[ tpjpfspy;. tpjp 3A (,d RHw;rp). 4 (a) (epakd Kiw). 5(1) (taJ tpjp) kw;Wk; 5(2) (fy;tp jFjp) Mfpa tpjpfis jsh;t[ bra;Jk; Miz btspaplg;gl;lJ/ 2/ gs;spf; fy;tpj; Jiwapd; fPH; bray;gLk; muR cah;epiy gs;spfs;. nky;epiyg;gs;spfs; kw;Wk; mYtyf';fspy; ntiy tha;g;gfk; K:yk; kw;Wk; ntiy tha;g;gfk; my;yhJ epakdk; bra;ag;gl;l gFjp neu. jpdf;Typ kw;Wk; rpy;yiur; brytpd gzpahsh;fs; 618 egh;fshy; brd;id cah;ePjpkd;wj;jpy; 10 Mz;Lfs; gzp Koj;j ehs; Kjy; Kiwahd gzpf;F bfhz;L tuf; nfhhp bjhlug;gl;l 19 ePjpkd;w tHf;Ffspy; brd;id cah; ePjkd;wk; nkny Kjyhtjhf gof;fg;gl;l jPh;g;gpy; gpd;tUkhW Miz gpwg;gpj;Js;sJ/ "the writ petition is disposed with a direction against the petitioners to send individual representations to the second respondent within one week from the date of receipt of a copy of this order and thereafter, the second respondent shall consider the representations of the petitioners in the light of the judgment of the Division Bench of this court in the Director of School Education and others v. P.Subramani, supra; the order of this court in M.Kumar v. The Director of School Education and others, supra; and taking note of the government orders which enable the regularisation of services where the person has been in employment for long period, and pass appropriate orders within eight weeks. No costs. Consequently, M.P. No.1 of 2010 is closed."
3/ nkny ,uz;lhtjhf gof;fg;gl;l murhiz nkny Kjyhtjhf gof;fg;gl;l ePjpkd;w Mizia bray;gLj;Jtjhf ,y;iy. mjid Vw;Wf; bfhs;s ,ayhJ vd;Wk;. ,t;thiz ePjpkd;w jPh;g;gpid KGikahf http://www.judis.nic.in Page No.20 of 121 W.A. Nos.1258 of 2018 etc. batch kPwg;gl;Ls;sJ vd;Wk;. brd;id cah;ePjpkd;w Mizia bray;gLj;Jk; tifapy; chpa jpUj;jk; murhizf;F tH';fg;gl ntz;Lbkdt[k; bjhptpj;J gFjp neu. jpdf;Typ kw;Wk; rpy;yiur; brytpdg; gzpahsh;fs; rpyh; brd;id cah;ePjpkd;wj;jpy; ePjpkd;w mtkjpg;g[ tHf;Fj; bjhlh;e;jdh;/ 4/ brd;id cah;ePjpkd;wj;jpy; bjhlug;gl;l mtkjpg;g[ tHf;F vz;fs; 1655. 1717. 1766. 1771. 1817. 1712. 1718. 1814. 2093. 1829 Kjy; 1836-2011 tiu cs;s tHf;Ffis Kot[f;F bfhz;L tu VJthf 23/10/2010 ehspl;l brd;id cah;ePjpkd;w jPh;g;ghizfis KGikahf bray;gLj;jpLk; tifapy; murhiz (epiy) vz;/111. gs;spf; fy;tpj;Jiw. ehs; 09/05/2012 / y; cs;s gj;jp 6 / I ePf;fk; bra;J mjw;F gjpyhf 614 gFjp neu gzpahsh;fis mth;fs; gzpapy;
nrh;e;J 10 Mz;Lf;s gzpKof;Fk; ehspypUe;J Vw;fdnt xg;gspg;g[ bra;ag;gl;L fhypahf cs;s mog;gil gzpapl';fspy; Kiwahd gzpaplj;jpy; epakdk; bra;Jk;. Kiwahd gzpaikg;gpy; bfhz;L tug;gLk; ehs;Kjy; gzg;gad; tH';fpl VJthf kDjhuh;fs; rhh;ghf jkpH;ehL khepy kw;Wk; rhh;epiyg; gzpfSf;fhd bghJ tpjp 23 (a) (ii) jkpH;ehL mog;gil gzp rpwg;g[ tpjpfspy;. tpjp 3A (,dRHw;rp). 4(a) (epakd Kiw). 5(1) (taJ tpjp) kw;Wk; 5 (2) fy;tp jFjp) Mfpa tpjpfis jsh;t[ bra;jpl muR Kot[ bra;Js;sJ/ 5/ 1987/ k; Mz;od; jkpH;ehL gzpfs; ifnaL bjhFjp / 1 y; cs;s jkpH;ehL khepy kw;Wk; rhh;epiyg; gzpfSf;fhd tpjpfs; gFjp / II. bghJ tpjp 48 / d; fPH; jdf;F mspf;fg;l;Ls;s mjpfhhpfspd;go jkpHf MSeh; mth;fshy; jkpH;ehL khepy kw;Wk; rhh;epiyg; gzpfSf;fhd bghJ tpjp 23
(a) (ii) kw;Wk; jkpH;ehL mog;gilg;gzp rpwg;g[ tpjpfspy; taJ tpjp 3A (,dRHw;rp). 4(a) (epakd Kiw). 5(1) (taJ tpjp) kw;Wk; 5 (2) fy;tp jFjp) Mfpatw;iw 614 gFjp neu gzpahsh;fspd; bghUl;L jsh;t[ bra;J Mizaplg;gLfpwJ/ 6/ nkny. gzptpjpfs; jsh;t[ bra;ag;gl;Ls;sjhy; nkw;bfhs;sg;gLk; TLjy; brytpdk; chpa fzf;Fj; jiyg;gpd; fPH; gw;W itf;fg;gl ntz;Lk;/ 7/ nkny. mDkjpf;fg;gl;Ls;s brytpw;fhd TLjy; epjp 2012 / 2013 k; Mz;ow;fhd jpUj;jpa kjpg;gPL- ,Wjp jpUj;j epjp xJf;fj;jpy; xJf;fPL bra;ag;gLk;/ mt;thW xJf;fPL bra;ag;gLk; tiu ,r;brytpdj;ij nkw;bfhs;s gs;spf; fy;tp ,af;FeUf;F mDkjp tH';fg;gLfpwJ/ ,r;brytpdj;ij 2012 - 2013 k; Mz;ow;fhd jpUj;jpa kjpg;gPL-,Wjp jpUj;j epjpbahJf;fj;jpy; nrh;j;jpLk; tifapy; chpa fUj;JUtpid epjpj;Jiwf;F mDg;g[khW gs;spf; fy;tp ,af;Feh; nfl;Lf; bfhs;sg;gLfpwhh;/ 8/ ,t;turhiz epjpj; Jiwapd; m/rh/F/vz; 543-DS/KM/2012 ehs; 03/1/2012 y; bgw;w ,irt[ld; btspaplg;gLfpwJ/ ,jw;fhd TLjy; epjp http://www.judis.nic.in Page No.21 of 121 W.A. Nos.1258 of 2018 etc. batch xJf;fk; ngnul;L vz; 1235 (Mapuj;J ,UE}w;W Kg;gj;J Ie;J)/ (MSehpd; Mizg;go) j/rgpjh muR Kjd;ik brayhsh;
bgWeh;
gs;spf;fy;tp ,af;Feh;. brd;id / 6 bjhlf;ff; fy;tp ,af;Feh;. brd;id / 6 midj;J Kjd;ik fy;tp mYtyh;fs;.
midj;J khtl;l fy;tp mYtyh;fs;.
khepy fzf;fhah;. brd;id / 18-35 midj;J rk;gs fzf;F mYtyh;fs;.
midj;J khtl;l fUt{y mYtyh;fs;/ efy;
gzpahsh; kw;Wk; eph;thf rPh;jpUj;jj; Jiw brd;id / 9 epjpj; (fy;tp) Jiw. brd;id / 9 bjhHpyhsh; kw;Wk; ntiytha;g;g[j; Jiw. brd;id / 9 khz;g[kpF Kjyikr;rh; mYtyfk;. brd;id / 9 khz;g[kpF epjpaikr;rh; mYtyfk;. brd;id / 9 khz;g[kpF gs;spf; fy;tp. tpisahl;L kw;Wk; ,is"h; eyj;Jiw mikr;rh; mth;fspd; mYtyfk;. brd;id / 9
-- Mizg;go mDg;gg;gLfpwJ--
gphpt[ mYtyh;/
16. Objective of the government is that cleanliness and healthy environment in the schools, should be maintained and according to the student strength in the schools, posts should be allotted. Thus the Government have issued G.O.(Ms) No.47, School Education (R1) Department, dated 02.03.2012, which is extracted hereunder:-
"Government of Tamil Nadu http://www.judis.nic.in Page No.22 of 121 W.A. Nos.1258 of 2018 etc. batch Abstract School Education Department - Rule No.110 of the Legislature Assemble the notification made by the Hon'ble Chief Minister - creating 5000 non teaching posts of Sweepers and other service at the High School and Higher Secondary Schools - order issued.
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School Education (R1) Department
G.O.(Ms) No.47 Date : 02.03.2012
Thiruvalluvar Aandu 2043
Maasi - 19
Read
1) Notification made by Hon'ble Chief Minister of Tamilnadu at the Legislature Assembly on 26.08.2011.
2) Letter by the Director of School Education, in Na.Na.
No.100729/A5/E1/2011 dated 09.12.2011; 14.12.2011; 05.01.2012 and 25.01.2012.
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The Hon'ble Chief Minister under Rule 110 of the Legislature Assembly on 26.08.2011 in the notification issued therein had mentioned that "cleanliness and the healthy environment to prevail in the schools which is my strong intention. Therefore the sweepers and other service at the High Schools and higher secondary schools, 5000 non teaching posts will be created. For this reason the government will incur expenses about 60 crores rupees per year" which has been informed.
2. With regard to the above said notification, in order to implement the said, the Government High Schools and Higher Secondary School in the Tamilnadu that to prevail cleanliness and the healthy environment on the basis of this high aim for the period between 2002-2003 and 2011-2012 to improve the Panchayat Union Middle Schools/High Schools the 2999 high schools/Higher Secondary Schools formulated therein. The number of students of http://www.judis.nic.in Page No.23 of 121 W.A. Nos.1258 of 2018 etc. batch the school which has strength of less 500 students about 998 Govt High schools the posts of 998 with one post to each, and in the schools where there are more than 500 student, about two posts in 996 Govt., High Schools at 1992 posts and to 1005 Government Higher Secondary School at 2 posts in each, about 2010 posts, in all about 5000 non teaching posts was requested to permit to allow by the proposal submitted by the Director of School education which has been carefully considered and the Government issues order in the following manner:-
i) In the High Schools where the strength of the students is less than 500 about 998 Govt. High Schools a post of Sweeper in each school in pay scale of Rs.1300-300 + Grade pay Rs.300 under Special Time Scale of pay 998 posts of sweeper is created.
ii) Where there are more than 500 students of 996 Government High Schools, and 1005 Government Higher Secondary Schools, at one sweeper post in each school in the pay scale of Rs.1300-300 + Grade pay Rs.300 under Special Time Scale of pay 2001 posts are created and one post of watchmen in pay scale of Rs.4800-10,000 + Grade pay Rs.1300 under Special Time Scale of pay 2001 posts are created.
iii) The posts at the Government High School/Higher Secondary school has been approved among 5014 non teaching posts, the posts of basic service which has not been filled up for a long time on considering this aspect, no to create the intended post of sweeper/watchmen which is equivalent to 5000 vacant posts is hereby dissolved.
iv) As issued order in the aforesaid manner. The posts that is in prevailing procedure to fill up those post, the Director of School education is instructed to take appropriate proceedings in this regard.
3. As mentioned in para, the posts that has been approved the expenses that would incur should be credited under the following caption, http://www.judis.nic.in Page No.24 of 121 W.A. Nos.1258 of 2018 etc. batch "2202-General education - 02 - Elementary Education - 109, Government Elementary school - 1 - non integrated -AA- Government Elementary and Higher secondary Schools teacher and staffs salary" (Tha.Tho.Ku.2002-02-109 AA 0000)
4. The approved posts as mentioned in para 2 above, the additional funds towards expense, for the year 2011-2012 under the Annual revised fund allotments of the year will be allotted. While such fund allotment, on awaiting the same, permission is granted to the Director of School education. In order to bring the attention about this additional expenses to the Legislature Assembly, under the Supplementary Estimate for the year 2011- 2012, as specific amount will be included. Towards the annual revised funds allotment for the year, the proposal will be forwarded to the Finance Department, while submitting the same the above said expenses should be mentioned without fail, Further in order to include the above said expenses in the supplementary estimate, it is instructed to Director of School Education to submit required explanation memo to be enclosed and forwarded to the Finance Department.
5. This government order is issued with the consent of Finance department in U.O.No.12220/CMPC/2012, dated 01.03.2012, the additional expenses to be entered in the Ledger No.1735 (thousand seven hundred and thirty five) // BY ORDER OF THE GOVERNOR// T.SABITHA Prl Secy to Govt"
17. Principal Secretary to the Government, has sent Govt Letter No.34633/R.1/2012-2 dated 02.01.2013, to the General Secretary, http://www.judis.nic.in Page No.25 of 121 W.A. Nos.1258 of 2018 etc. batch Tamilnadu Government Office Assistants and Basic Employees State Central Association, Chennai, and the same is extracted hereunder:-
"School Education (R1) Dept., Secretariat Chennai-9 Govt Letter No.34633/R.1/2012-2 date 02.01.2013 From Tmt T.Sabitha I.A.S. Govt Principal Secretary, To General Secretary, Tamil Tamilnadu Government Office Assistants and Basic Employees State Central Association, 30/182, Jagajeevanram Road, Chepauk, Chennai-5.
Sir, Sub: School Education - Office Assistant, Night Watchman, Gardener appointed through Parent Teacher's Association, as per the order of the High Court Madras claiming appointment - reg.
Ref: 1.W.P.No.25061/12 and M.P.No.1 and 4/2012 order dated 13.09.2012 made by the High Court, Madras.
2. Letter by General Secretary, of Tamilnadu Government Office Assistants and Basic Employees State Central Association, dated 08.10.2012.
3.Letter by the Director of School Education in Na.Ka.No.76924/A5/E1/2012, dated 28.11.2012.
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With reference to the order passed by the High Court, Madras and on your letter, your attention is drawn, Thiru Baskar and 41 others, have filed a Writ petition before the High Court Madras in W.P.No.2561/2012 and in M.P.No.1 and 4/2012 and obtained an order on 13.09.2012. vide G.O.(Ms)No.47, School Education Department, dated 02.03.2012 in para 2(ii) it is mentioned that Govt http://www.judis.nic.in Page No.26 of 121 W.A. Nos.1258 of 2018 etc. batch High schools/Higher Secondary School. As the surrendered non teaching posts of 5014 of basic service is not been filled up for along time on considering this aspect, now intended to create the posts of Sweeper/watchman an equivalent to 5000 are being dissolved as it has been ordered, as there is no other vacant posts.
2. In the above said case, it is contended that the petitioners are working as Office Assistants, Sweepers, Night watchmen with regard to the posts of Office Assistants, vide G.O.No.745, Finance (Ze-Bag) Department, dated 22.09.1995, as there is a Stay to fill up those posts, that at present it could not be filled up. Further in G.O.(Ms).No.242, School Education Department, dated 28.03.1994 the government has granted approval for the Regulations of Parent Teacher's Association. Further Parent Teachers Association is not an organization. At the Parent Teachers Association, through General committee, Executive Committee, any parent of a boy or girl students of the said school or any person having the intention of welfare of the education a liberal patron, any one of them act as secretary, Head teacher/teacher of the said school or any retired Educational Officers, retired teachers residing in the vicinity of the said school find their place in the general body of the association. The welfare schemes, liberal patronage scheme, to lookafter the welfare of the boy and girl students so that they do not discontinue their studies in the middle of their course, the boy and girl students who come from villages, as their parents are illiterate, to make the Federation of knowledge of writing a successful to prepare and conduct activities, and schemes, which has been the aim of the Association. Among them in item 25 the following details are given as follows:-
"when it is required of additional teachers or substituted teachers on leave, the qualified teachers and within the terms and conditions of the Association. The appointment being a purely on http://www.judis.nic.in Page No.27 of 121 W.A. Nos.1258 of 2018 etc. batch temporary basis on the grant of consolidated pay"
3. On the basis of the above said fact, the additional teachers, their educational qualification, within the ambit of terms and conditions of the Association, and it being purely temporary basis are appointed. But, the Office Assistants, Night watchmen and Gardeners who had filed the above case have got appointed. As in the prevailing procedure the rules to get registered in the Employment office, Communal Rotary system, Rules pertaining to age, without following all those procedure, they being appointed through the resolution passed by the Parent Teachers Association, cannot be considered that they are appointed in the proper manner.
4. They being appointed through the General Body, cannot be considered as they are appointed in proper manner, hence with a view to comply with the order made by the High Court, Madras in W.P.No.25061/2012 and 1 to 4/12, those appointed through the Parent Teachers Association, as per the G.O.(Ms) No.47, School Education Department dated 02.03.2010 cannot bring them under proper regulation of service, and their claim cannot be accepted which is hereby informed to you.
Yours truly, Sd.S.TAmilselvan for Prl Secy to Govt.,"
18. Respondents have contended that they have been duly appointed as Sweepers, attendants, watchmen etc. and serving for a long period, without payment of even minimum wages, with the knowledge of the educational authorities, including Government. Let us consider their status in the schools and the period of employment.
http://www.judis.nic.in Page No.28 of 121 W.A. Nos.1258 of 2018 etc. batch As per the certificate of the Headmaster, Government Higher Secondary School, Tho.Sedarpalayam, Rasipuram Taluk, Namakkal district, 1st respondent in W.A. No.93/2019 has been working as Nigh Watchman, since 1.11.2000. The certificate in vernacular language is extracted here under:
gzpr;rhd;W //////////////////////// ,g;gs;spapy; jpU/nfh/gh!;fh; vd;gth; bgw;nwhh; Mrphpah; fHfj;jhy; epakdk; bra;ag;gl;L ,ut[f; fhtyuhf 1/11/2000 Kjy; gzpg[hpe;J tUfpwhh;/ nkYk; ,tUf;F mYtyf gzpfspYk; mDgtk; bgw;Ws;shh; vd;W rhd;wspf;fg;gLfpwJ/ xk;-//////////////////// jiyikahrphpah;
muR nky;epiyg;gs;sp bjh/nrlh;ghisak; / 637 406 ,uhrpg[uk; tl;lk;
ehkf;fy; khtl;lk;
njjp 10/1/2012 Pragadeeswaran, 2nd respondent in W.A. No.93/2019 has been working as Office Assistant in Ulagampalayam Government Higher Secondary School, since 10.6.2002. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR nky;epiyg; gs;sp cyfk;ghisak; / 637205 ehkf;fy; khtl;lk;/ /////////////////////////////////////////////////////// gzpr; rhd;W ehkf;fy; khtl;lk; jpUr;br';nfhL tl;lk; cyfk;ghisak; muR nky;epiyg;gs;spapy; jpU/nkh/ gpufjP!;tud; vd;gth; 10/06/2002 Kjy; ehsJ njjp tiu mYtyf cjtpahsuhf bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; khj Cjpak; U:/1500-/ bgw;W gzpg[hpe;J tUfpwhh;/ nkYk; ,tuJ gzpa[k.; elj;ija[k; ed;whf cs;sJ vd rhd;wspf;fg;gLfpwJ/ ,lk; cyfk;ghisak;
ehs; jiyikahrphpah;
http://www.judis.nic.in
Page No.29 of 121
W.A. Nos.1258 of 2018 etc. batch
muR nky;epiyg;gs;sp.
cyfk;;ghisak;
ehkf;fy; / 637 205/
As per the certificate of the Headmaster, Government Higher Secondary School, Varagur, Namakkal district, respondent No.3 in W.A. No.93/2019 has been working as Nigh Watchman, since 19.07.2000. The certificate in vernacular language is extracted here under:
gzpr; rhd;W ehkf;fy; khtl;lk.; tuTh; murpdh; nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; ,ut[ fhtyuhf jpU/ rp/ ghY. j-bg/ rpdD ; rhkp vd;gth; 19/07/2000 Kjy; ,d;W tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;W mspf;fg;gLfpwJ/ ,th; khj Cj[pakhf U:/1750-/ tH';fg;gLfpwJ jiyikahrphpah;
muR nky;epiyg;gs;sp.
tuTh; / 637 021 ehkf;fy; khtl;lk;/ K.Subramanian, 4th respondent in W.A. No.93/2019 has been working as Office Assistant in Government High School, Kavakarapatti, Namakkal District, since 3.1.2000, for nearly 19 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzpr; rhd;W ehkf;fy; khtl;lk.; fhtf;fhug;gl;o muR cah;epiyg;gs;spapy; jpU/ f/Rg;ukzpad;. j-bg/fe;jrhkp vd;gth; / fl;olfkpl;o jiyth; K:/kzp I.P.S vd;gth; K:yk; epakdk; bra;ag;gl;L. gs;spapd; mYtyf cjtpahsuhf 03/01/200? Kjy; 03/07/2005 tiu Cuhl;rp xd;wpa eLepiyg;gs;spapYk;. 04/07/2005 Kjy; ,d;W tiu cah;epiyg; gs;spapYk; bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;W mspf;fg;gLfpwJ/ jiyikahrphpah;
muR cah;epiyg;gs;sp.
fhtf;fhug;gl;o / 637 013 ehkf;fy; khtl;lk;/ http://www.judis.nic.in Page No.30 of 121 W.A. Nos.1258 of 2018 etc. batch P.Kuzhanthaivel, 5th respondent in W.A. No.93/2019, has been working as Night Watchman, in Moganur Govert Girls Higher Secondary School, sine 1.2.2002, for 17 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR kfsph; nky;epiyg;gs;sp nkhfD}h; / 637 015 ehkf;fy; khtl;lk;
gzpf;fhyr; rhd;W nkhfD}h; muR bgz;fs; nky;epiyg;gs;spapy; jpU/g/FHe;ijnty; vd;gth; bgw;nwhh; Mrphpah; fHfk; K:yk; 01/02/2002 gpg;uthp khjk; Kjy; ,g;gs;spapy; ,d;W tiu ,ut[ fhtyuhfg; gzpahw;wp tUfpwhh; vd;W rhd;W mspf;fg;gLfpwJ/ ,lk;: nkhfD}h;
ehs;: jiyiik Mrphpah;.
muR kfsph; nky;epiyg;gs;sp
nkhfD}h; / 637 015
ehkf;fy; khtl;lk;/
K.Muthukuppusamy, 6th respondent in W.A. No.93/2019, has been working as Night Watchman in Government Higher Secondary School, since 13.2.2001, for more than 18 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzpr; rhd;W jpU/ F/ Kj;JFg;gr[ hkp. j-bg Fg;g[rhkp. vsr;rpghisak;. muR nky;epiyg;gs;sp mUfpy;/ jpUr;br';nfhL tl;lk;. ehkf;fy; khtl;lk; (gpwe;j ehs; 23/07/1962) vd;gth; ,g;gs;spapy; 13/02/2001 Kjy; gs;spapd; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; ehsJ njjp tiu ,g;gs;spapy; ,ut[ fhtyuhf jw;fhypfkhf bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ http://www.judis.nic.in Page No.31 of 121 W.A. Nos.1258 of 2018 etc. batch jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp.
vsr;rpg;ghisak; / 637 202 ehkf;fy; khtl;lk;/ K.Gunasekaran, 7th respondent in W.A. No.93/2019, has been working as Office Assistant in Government Higher Secondary School, Pandamangalam, Namakkal District, since 4.6.2001, for 18 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR kfsph; cah;epiyg;gs;sp ghz;lk';fyk; ///////////////////////////////////////////////////////////////////////////////////////////////////// njjp 06/07/2012 gzprr; hd;W jpU/ fp/ Fznrfud;. j-bg/ fpl;lhd;. rptd; nfhtpy; bjU. ghz;lk';fyk; ehkf;fy; khtl;lk; vd;ghh; muR kfsph; cah; - nky; epiyg;gs;spapy; 04/06/2001 k; Mz;L Kjy; bgw;nwhh; Mrphpah; fHfk; K:yk; mYtyf cjtpahsuhf epakpf;fg;gl;L gzpg[hpe;J tUfpwhh; vdt[k; md;dhh; kpFe;j bghWg;g[zh;t[k;. flik czh;nthLk; kpft[k; kd epiwtspf;fj; jf;f tifapy; gzpg[hpe;J tUfpd;whh; vdt[k; ,jd; K:yk; rhd;wspf;fg;gLfpwJ/ jiyik Mrphpah;
muR kfsph; nky;epiyg;gs;sp.
ghz;lk';fyk;
ehkf;fy; khtl;lk; / 637 208/ Tmt.M.Satthi, 8th respondent in W.A. No.93/2019, has been working as Office Assistant, in Moganur Government Girls Higher Secondary School, since 1995.
gzprr; hd;W jpUkjp/ K/ rj;jp/ f-bg/ Mh; ,uhn$e;jpud;. Rg;ukzpag[uk; nkhfD}h; vd;gth;
http://www.judis.nic.in Page No.32 of 121 W.A. Nos.1258 of 2018 etc. batch nkhfD}h; muR kfsph; nky; epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; $%d; / 1995 Kjy; ehsJ tiu mYtyf cjtpahsuhfj; bjhlh;e;J gzpg[hpe;J tUfpd;whh; vdr; rhd;wspf;fg;gLfpwJ/ xk;-//////// jiyik Mrphpah;
muR kfsph; nky;epiyg;gs;sp nkhfD}h; ? 637 015 ehkf;fy; khtl;lk;/ njjp: 16/12/2006 Thiru.Velayudham, was working as Sweeper in Manalapuram Government Higher Secondary School, Mangalapuram for 20 years and after his death, his daughter Tmt.Meenatchi, daughter-in-law has been working as Sweeper in 1995.
gzprr; hd;W k';fsg[uk; muR nky;epiyg;gs;spapy; Jg;g[ut[ gzpahsuhf gzpahw;wp jpU/ ntyha[jk; vd;gth; Rkhh; 20 Mz;Lfshf gzpg[hpe;J te;jhh;/ ,th; ,we;j gpwF mtUila kUkfs; jpUkjp/ kPdhl;rp vd;gth; Rkhh; 15 Mz;Lfshf Jg;g[ut[ gzpahsuhf bjhlh;e;J gzpg[hpe;J tUfpwhh;/ ,tUf;F khjk; rk;gskhf U:/1400-/ tH';fg;gLfpwJ vd;gij ,jd; K:yk; bjhptpj;Jf; bfhs;fpnwd;/ jiyik Mrphpah;
muR nky;epiyg;gs;sp k';fsg[uk; / 636 202 ehkf;fy; khtl;lk/;
Thiru.L.Mathaiyan, 10th respondent in W.A. No.93/2019, has been working as Night Watchman in Government Boys Higher Secondary School, Kumarapalayam, since 3.7.2000, for more than 19 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W http://www.judis.nic.in Page No.33 of 121 W.A. Nos.1258 of 2018 etc. batch ehkf;fy; khtl;lk;. Fkhugisak;. muR Mz;fs; nky;epiyg;gs;spapy; y/khijad; vd;gth; bgw;nwhh; Mrphpah; fHfk; K:yk; ,ut[f;fhtyuhf 03/07/2000 Kjy; ehsJ njjp tiu bjhlh;e;J gzpahw;wp tUfpwhh; vd rhd;W mspf;fg;gLfpwJ/ khj Cjpak; U:/3.500-/ tH';fg;gLfpwJ/ jiyik Mrphpah;
muR Mz;fs; nky;epiyg;gs;sp Fkhugisak; / 638 183 ehkf;fy; khtl;lk;/ Ms.P.Manonmani, 11th respondent in W.A. No.93/2019, has been working as Office Assistant, in Government Boys Higher Secondary School, Kumarapalayam, since 2.5.1996, for more than 13 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W ehkf;fy; khtl;lk;. Fkhugisak;. muR Mz;fs; nky;epiyg;gs;spapy; gp/ kndhd;kzp vd;gth; bgw;nwhh; Mrphpah; fHfk; K:yk; mYtyf cjtpahsuhf 02/05/1996 Kjy; ,d;W tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;W mspf;fg;gLfpwJ/ khj Cjpak; U:/5.000-/ tH';fg;gLfpwJ/ jiyik Mrphpah;
muR Mz;fs; nky;epiyg;gs;sp Fkhugisak; / 638 183 ehkf;fy; khtl;lk;
Thiru.K.Sankar, 12th respondent in W.A. No.93/2019, has been working as Office Assistant, in Government Girls Higher Secondary School, Papanasam, since 9.6.2003, for more than 16 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W jpU/ f/ r';fh;. j-bg/ ftpaK:h;j;jp vd;ghh; ghgehrk; muR kfsph; nky;epiyg; gs;spapy; bgw;nwhh; Mrphpah; fHfk; K:ykhf mYtyf cjtpahsuhf epakpf;fg;gl;L 09/06/2003 Kjy;
http://www.judis.nic.in Page No.34 of 121 W.A. Nos.1258 of 2018 etc. batch bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ xk;-////////////// jiyikahrphpah;
muR (k) nky;epiyg;gs;sp ghgehrk;/ ehs; 27/7/2012 Thiru.M.Mariya Doss, 13th respondent in W.A. No.93/2019, has been working as Watchman in Government Girls Higher Secondary School, Pandanallur, since 1.2.2004, for more than 15 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
Govt. Girls Hr. Sec. School Pandanallur - 609 807 Service Certificate This is to certify that Thiru.M.Mariya Doss is working as watchman in the Govt. Girls. Higher Secondary School Pandanallur from 1.2.2004 to till date. He was appointed by Parent Teacher Association of this school and getting a salary from P.T.A. Fund at present his salary is Rs.2,000/- p/m.
Head Master Govt. Girls Hr. Sec. School Pandanallur Thiru.K.Murugesan, 14th respondent in W.A. No.93/2019, has been working as Night Watchman in Government Higher Secondary School, Ulagappampalayam, since 27.11.2007, for more than 11 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W http://www.judis.nic.in Page No.35 of 121 W.A. Nos.1258 of 2018 etc. batch ehkf;fy; khtl;lk;. jpUr;br';nfhL tl;lk; cyfg;gk;ghisak; muR nky;epiyg;gs;spapy; ,ut[ fhtyuhf jpU/ nf/ KUnfrd; mth;fs; 27/11/2007 Kjy; ehsJ njjp tiu gzpahw;wp tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ khj Cjpak; U:/ 500-/ tH';fg;gLfpwJ/ jiyikahrphpah;
muR nky;epiyg;gs;sp cyfg;gk;ghisak;.
ehkf;fy; / 637 205/ Thiru.M.Ravi, 16th respondent in W.A. No.93/2019, has been working as Gardener in Government Boys Higher Secondary School, Ulagappampalayam, since 1.6.2010, for more than 9 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W ehkf;fy; khtl;lk;. Fkhughisak; muR Mz;fs; nky;epiyg;gs;spapy; jpU/vk;/utp vd;gth; bgw;nwhh; Mrphpah; fHfk; K:yk; njhl;lf;fhuuhf 01/06/2010 Kjy; ,d;W tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vd; rhd;wspf;fg;gLfpwJ/ jiyikahrphpah;
muR Mz;fs; nky;epiyg;gs;sp Fkhughisak; / 638 183 ehkf;fy; khtl;lk;/ Thiru.K.Sudhanthiraraj, 15th respondent in W.A. No.93/2019, has been working as Night Watchman from 24.9.2002 to 1.3.2010 as Watchman and from 2.3.2010 to till date as water supplier in Government Higher Secondary School, Kovilpatti, for more than 17 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W jpU/ f/ Rje;jpuuh$; vd;ghh; nfhtpy;gl;o. muR kfsph; nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; 24/09/2002 gpw;gfy; Kjy; 01/03/2010 gpw;gfy; tiu fhtyuhf gzpahw;wp gpd;g[ 02/03/2010 Kjy; ,Jehs; tiu (27/07/2012) bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; ePh; tH';Fgtuhf gzpahw;wp tUfpwhh; vd;gjw;F ,r;rhd;W tH';fg;gLfpwJ/ http://www.judis.nic.in Page No.36 of 121 W.A. Nos.1258 of 2018 etc. batch jiyik Mrphpia muR nky;epiyg;gs;sp nfhtpy;gl;o/ Thiru.S.Maniraj, 17th respondent in W.A. No.93/2019, has been working as Night Watchman in Veerapandiya Kattabomman Higher Secondary School, Ulagappampalayam, since 1998, for more than 21 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
rhd;W faj;jhh; tP/gh/f/bgh/ muR nky;epiyg;gs;spapy; v!;/ kzpuh$; (j-bg/ nrJ) vd;ghh; fHptiw Rj;jk; bra;gth; kw;Wk; ,ut[ fhtyuhf bgw;nwhh; Mrphpah; fHfk; K:yk; epakdk; bra;ag;gl;L $%d; 1998 Kjy; gzpg[hpe;J tUfpwhh; vd; bjhptpf;fyhfpwJ/ xk;-///////////////// jiyik Mrphpah;
tP/gh/f/bgh/ muR
nky;epiyg;gs;sp
faj;jhh; / 628 952
J}j;Jf;Fo khtl;lk;
njjp 22/9/2007
Thiru.R.Ravi, 18th respondent in W.A. No.93/2019, has been working as Office Assistant in Government Higher Secondary School, Po.Turinchipatti, since 1.9.2006, for more than 13 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W muR nky;epiyg;gs;sp bgh/Jhp";rpg;gl;oapy; fhypahf cs;s mYtyf cjtpahsh; gzpaplj;jpy; bgw;nwhh; Mrphpah; fHfj;jpd; thapyhf epakpf;fg;gl;l Mh;/,utp j-bg/ ,uhrkhzpf;fk; vd;gth; 01/09/2006 Kjy; gzpahw;wp tUfpwhh; vd;W rhd;wspf;fg;gLfpwJ/ jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp http://www.judis.nic.in Page No.37 of 121 W.A. Nos.1258 of 2018 etc. batch bgh/ Jhp";rpg;gl;o ghg;gpbul;og;gl;o jhYfh jUkg[hp khtl;lk;/ Pin- 635 301/ Thiru.K.Gunasekaran, 19th respondent in W.A. No.93/2019, has been working as Night Watchman in Government Boys Higher Secondary School, Pappireddipatti, since 1997-1998, for more than 22 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
rhd;W murpdh; Mz;fs; nky;epiyg;gs;sp ghg;gpbul;og;gl;oapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; epakdk; bra;ag;gl;l bfh/ Fznrfud;/ j-bg/K/bfhse;ij ghg;gpbul;og;gl;oapy; bjhlh;e;J ,ut[ fhtyuhf 1997 / 1998 fy;tpahz;L Kjy; gzpahw;wp tUfpwhh;/ ,tuJ elj;ij ed;whft[k;. gzpa[k; rpwg;ghft[k; ,Ue;jJ vd rhd;W mspf;fpnwd;/ jiyik Mrphpah;
murpdh; Mz;fs; nky;epiyg;gs;sp ghg;gpbul;og;gl;o / 636 905 jUkg[hp khtl;lk;/ Thiru.B.Natarajan, 20th respondent in W.A. No.93/2019, has been working as Office Assistant in Government Girls Higher Secondary School, Kambainallur, since 2.7.1999 to 5.1.2012, for more than 12 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W fk;igey;Y}h; muR kfsph; nky;epiyg;gs;spapy; gp/ eluh$d;. j-bg/ gPkd; vd;gth; bgw;nwhh; Mrphpah; fHf K:yk; mYtyf cjtpahsh; 02/07/1999 Kjy; 05/01/2012 ,e;ehsJ tiu gzpahw;wp tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ gzpf;fhyk;
12 Mz;L 06 khjk; 03 ehs;/ jiyik Mrphpah;
http://www.judis.nic.in Page No.38 of 121 W.A. Nos.1258 of 2018 etc. batch mur kfsph; nky;epiyg;gs;sp fk;igey;Y}h;
mU:h; jhYf;. jUkg[hp khtl;lk;/ Tmt.C.Amaravathi, 21st respondent in W.A. No.93/2019, was working as miscellaneous staff from 10.10.1984 to 31.03.1988 and thereafter from 15.07.1997 as PTA staff for more than 22 years in Dharmapuri Avvaiyar Government Girls Higher Secondary School. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W jh;kg[hp mt;itahh; murpdh; kfsph; nky; epiyg;gs;spapy; jpUkjp/ rp/ mkuhtjp vd;gth; fPH;fz;lthW gzpahw;wpa[s;shh; vd; rhd;wspf;fg;gLfpwJ/ 10/10/84 Kjy; 31/03/88 Koa rpy;yiur; brytpd mog;gilapy; 15/07/91 Kjy; ,d;Wtiu bgw;nwhh; Mrphpah; r';f mog;gilapy;
xk;-//////////////// jiyik Mrphpia mt;itahh; murpdh; kfsph; nky; epiyg;gs;sp jh;kg[hp / 636 702 njjp 16/04/1997 Tmt.A.Rathi, 22nd respondent in W.A. No.93/2019, has been working as Sweeper since February, 1994 in Government Higher Secondary School, B.Agraharam, Dharmapuri District, for more than 25 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
Govt.Hr.Sec.School B. Agraharam - 636 813 Dharmapuri District rhd;W gp// mf;ucwhuk; muR nky; epiyg;gs;spapy; jpUkjp/ V/ujp vd;gth; bgw;nwhh; Mrphpah;
http://www.judis.nic.in Page No.39 of 121 W.A. Nos.1258 of 2018 etc. batch fHfj;jpd; K:yk; gpg;uthp 1994 / k; Mz;L Kjy; Jg;g[uthsh; Mf gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ.
xk;-//////////////// Head Master Govt.Hr.Sec.School B. Agraharam - 636 813 Dharmapuri District Dt: 12.04.2007 Thiru.M.Mathaiyan, 23rd respondent in W.A. No.93/2019, has been working as Night Watchman from 1.8.2001 to 26.8.2008 and thereafter as Office Assistant in the vacant place from 27.8.2008 in Government Higher Secondary School, Pandahalli, Dharmapuri. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W vk;/ khijad;/ j-bg/ khjd; gz;l ms;sp vd;ghh; ,g;gs;spapy; 01/08/2001 Kjy; ,ut[f;fhtyuhf bgw;nwhh; Mrphpah; fHfj;jhy; epakpf;fg;gl;L. bgw;nwhh; Mrphpah; fHfk; Chpy; md;gspg;ghf jpul;Lk; epjpapypUe;J bjhFg;g{jpak; bgw;W 26/08/2008 tiuapYk; gzpahw;wp te;jhh; vd;Wk; jw;nghJ 27/08/08 Kjy; ,J ehs; tiu fhypahf cs;s mYtyf cjtpahsh; gzpaplj;jpy; bjhlh;e;J gzpahw;wp tUfpwhh; vdt[k; rhd;wspf;fg;gLfpwJ/ xk;-/ jiyik Mrphpah;
muR nky; epiyg;gs;sp gz;lms;sp jh;kg[hp / 636 803 ehs; 03/04/2009 Thiru.C.Srinivasan, 24th respondent in W.A. No.93/2019, has been working as Night Watchman as on date in Government High School, Puttireddipatti, Pappireddipatti, Dharmapuri. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
http://www.judis.nic.in Page No.40 of 121 W.A. Nos.1258 of 2018 etc. batch murpdh; cah; epiyg;gs;sp g[lo; bul;og;gl;o / 635 302 ghg;gpbul;og;gl;o jhYfh/ gzprr; hd;W muR cah;epiyg;gs;sp g[l;obrl;og;gl;ogs;spapy; jpU/rp/rPdpthrd;. j-bg/ rpd;dg;gd; vd;gth; ,ut[f; fhtyuhf gs;sp bgw;nwhh; Mrphpah; fHfk; K:yk; (Kw;wpYk; jw;fhypf mog;gilapy;) ehsJ njjp tiu gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ xk;-////////////////////////// jiyik Mrphpah;
murpdh; cah; epiyg;gs;sp g[lo; bul;og;gl;o / 635 302 ghg;gpbul;og;gl;o jh;kg[hp khtl;lk;
ehs; 23/02/2010 Thiru.P.Mathaiyan, 25th respondent in W.A. No.93/2019, was working as Night Watchman from 1.10.1999 to 31.8.2006 and thereafter from 1.7.2008 in Government Higher Secondary School, Amanimallapuram, Dharmapuri District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR nky; epiyg;gs;sp mkhdpky;yhg[uk;
gzprr; hd;W gp/ khijad;. j-bg/ bgUkhs; mkhdpky;yhg[uk; vd;gth; muR nky;epiyg;gs;sp mkhdpky;yhg[uk; gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; ,ut[f; fhtyuhf epakdk; bgw;W fPH;fz;l fhy';fspy; gzpahw;wpdhh; vd rhd;wspf;fg;gLfpwJ/ t/v gzpf;fhyk; bkhj;j gzpf;fhyk;
z;
Kjy; tiu Mz;L khjk; ehs;
1 01/10/1999 31/08/2006 06 10 /
http://www.judis.nic.in
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W.A. Nos.1258 of 2018 etc. batch
t/v gzpf;fhyk; bkhj;j gzpf;fhyk;
z;
2 01/07/2008 ,J tiu 01 / /
bkhj;jk; 07 10 /
jiyikahrphpah;
murpdh; nky;epiyg;gs;sp
mkhdpky;yhg[uk; / 636 801
jUkg[hp khtl;lk;/
Thiru.P.Nagarajan, 26th respondent in W.A. No.93/2019, was working as Night Watchman from 1.1.2001 for a period of 10 years in Government Girls Higher Secondary School, B.Mallapuram, Dharmapuri District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W bgh/ ky;yhg[uk; muR kfsph; nky; epiy gs;spf;F ePz;l fhykhf ,ut[ fhtyh; gzpf;F fhypahd ,lj;ij epug;g[k; bghUl;L (PTA) K:yk; 2001 /k; Mz;L jpU/ gp/ ehfuh$d; vd;gtiu epakdk; bra;ag;gl;lJ/ 01/01/2001 md;W Kjy; 10 Mz;Lfhykhf bjhlh;e;J ,ut[ fhtyh; gzp bra;J tUfpwhh; vd;W ,jd; K:yk; rhd;W mspf;fg;gLfpwJ/ Head Master Govt. Girls Hr.Sec. School B.Mallapuram - 635 301 Dharmapuri District.
Thiru.P.Ilango, 27th respondent in W.A. No.93/2019, has been working as Office Assistant from 1.6.2010 in Government High School, Vasikavudanur. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
rhd;W http://www.judis.nic.in Page No.42 of 121 W.A. Nos.1258 of 2018 etc. batch jpU/ gp/ ,s';nfh. j-bg/ vk;/ bgUkhs; vd;gth; thrpf;ft[lD}h; muR cah; epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; 01/06/2010 Kjy; mYtyf cjtpahsuhf jw;fhfypf gzpahsuhf gzpahw;wp tUfpwhh;/ xk;-////////////////////////// jiyik Mrphpah;
muR cah;epiyg;gs;sp thrpf;ft[lD}h; / 685 301 Thiru.M.Sathish, 28th respondent in W.A. No.93/2019, has been working as Office Assistant from 20.6.2003 for more than 16 years in Government Higher Secondary School, Ammayappan - 613 701. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
Govt.Hr.Sec.School AMMAIYAPPAN-613 701 gzprr; hd;W jpUthU:h; khtl;lk; Flthry; tl;lk; mk;ikag;gd; murpdh; nky; epiyg; gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; epakzk; bra;ag;gl;l jpU/K/rjPcw; vd;ghh; mYtyf cjtpahsuhf 20/06/2003 Kjy; bjhlh;e;J ,e;ehs; tiu gzpahw;wp tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ Head Master Govt. Hr.Sec. School AMMAYAPPAN - 613 701 D.O.Code No.SB576 Thiru.N.Selvam, 29th respondent in W.A. No.93/2019, has been working as Office Assistant from June 2004 for more than 15 years in Government High School, Pudhur Thirunellikaval, Tiruvarur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W jpUthU:h; khtl;lk;. jpUthU:h; jhYf;fh. jpUbey;ypf;fhty; m";ry; g[J}h; muR cah;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; mYtyf cjtpahsuhf Fiwe;j http://www.judis.nic.in Page No.43 of 121 W.A. Nos.1258 of 2018 etc. batch Cjpaj;jpw;F jpU/ eh/ bry;tk;. j-bg/ ehfKj;J vd;ghh; fle;j $%d; / 2004 Kjy; bjhlh;e;J gzpahw;wp tUfpwhh; vd;Wk;. mtUila gzpf;fhyj;jpy; md;dhuJ elj;ija[k;. xGf;fKk; rpwg;ghf ,Uf;fpwJ vd;Wk; rhd;wspf;fg;gLfpwJ/ jiyik Mrphpah;
muR cah;epiyg;gs;sp g[J}h; jpUbey;ypf;fhty; / 610 205 jpUthU:h; khtl;lk;/ Thiru.S.Thilagar, 30th respondent in W.A. No.93/2019, has been working as Office Assistant since the academic year 2006-2007 for more than 13 years in Government Boys Higher Secondary School, Koradacherry - 613 703, Tiruvarur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
Govt.Boys Hr.Sec.School KORADACHERI -613 703 THIRUVARUR DISTRICT rhd;W bfhulhr;nrhp. muR Mz;fs; nky; epiyg;gs;spapy; v!;/ jpyfh; vd;gth; 2006 / 2007 fy;tp Mz;L Kjy; (PTA) mYtyf cjtpahsuhf gzpahw;wp tUfpwhh; vd rhd;wspf;fpnwd;/ Sd/-.......
Head Master Govt. Boys Hr.Sec.School Koradachery - 613 703 Thiruvarur District.
Dt. 13.06.2012.
Thiru.S.Karthikeyan, 31st respondent in W.A. No.93/2019, has been working as http://www.judis.nic.in Page No.44 of 121 W.A. Nos.1258 of 2018 etc. batch Office Assistant from 3.6.2008 in Government Thiruvalluvar Higher Secondary School, Alankottai, Tiruvarur District, for more than 11 years. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
murpdh; jpUts;Sth; nky;epiyg;gs;sp. My';nfhl;il gzprr; hd;W jpU/ R/ fhh;j;jpnfad;. j-bg Rg;igad; 40 V fhj;jhap mk;kd; nfhapy;bjU. kd;dhh; Fo vd;w Kfthpapy; trpg;gth; jpUthU:h; khtl;lk; My';nfhl;il. murpdh; jpUts;Sth; nky;epiyg;gs;spapy; 03/06/2008 Kjy; bgw;nwhh; Mrphpah; fHfk; K:yk; mYtyf cjtpahsuhf gzp epakdk; bgw;W bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ// jiyikahr[phpah;
murpdh; jpUts;Sth; nky;epiyg;gs;sp My';nfhl;il / 614 018 jpUthU:h; khtl;lk;/ Thiru.T.Periyar, 32nd respondent in W.A. No.93/2019, has been working as Office Assistant since 1.8.2006 for more than 13 years in Government High School, Periyathattur - 621 805, Ariyalur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
murpdh; cah;epiyg;gs;sp. bghpajj;J}h; / 621805 mhpaY}h; khtl;lk;
gzprr; hd;W jpU/ j/ bghpahh;. j-bg/ u/j';fuhR vd;gth; bghpajj;J}h; murpdh; cah;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; mYtyf cjtpahsuhf epakdk; bra;ag;gl;L 01/08/2006 Kjy; ,Jehs; tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ ,tuJ gzpf;fhyj;jpy; ,tuJ gzpa[k.; elj;ija[k; kpft[k; ed;whf cs;sJ/ ,lk; bghpajj;J}h;
njjp http://www.judis.nic.in Page No.45 of 121 W.A. Nos.1258 of 2018 etc. batch jiyikahrphpah;
muR cah;epiyg;gs;sp bghpajj;J}h; - 621 805 Thiru.N.Rajesh, 33rd respondent in W.A. No.93/2019, has been working as Night Watchman and Water Supplier from 1.11.2000 to 3.11.2006 and thereafter from 1.12.2008 to till date in Government Higher Secondary School, Kodalikaruppur - 612 902, Ariyalur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR nky;epiyg;gs;sp. nfhlhypfUg;g{h; / 612 902 mhpaY}h; khtl;lk;
gzprr; hd;W jpU/ eh/ ,uhn$cw;. j-bg/ ehfuh$; vd;gth; nfhlhypfUg;g{h; muR nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; ,ut[ fhtyuhf kw;Wk; ePh; mspg;gtuhf epakdk; bra;ag;gl;L 01/11/2000 Kjy; 03/11/2006. 1/12/2008 Kjy; ,J ehs; tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vdr; rhd;wspf;fg;gLfpwJ/ ,tuJ gzpf;fhyj;jpy; ,tuJ gzpa[k.; elj;ija[k; kpft[k; ed;whf cs;sJ/ jiyikahrphpah;
muR nky;epiyg;gs;sp nfhlhypfUg;g{h; / 612 902 Thiru.G.Vijaya Sathurukkan, 35th respondent in W.A. No.93/2019, has been working as Office Assistant since 1.2.2006 for more than 13 years in Government Boys Higher Secondary School, Thirumakottai. The certificate given by the Head Master of the said school, is extracted here under:
SERVICE CERTIFICATE Certified that Thiru.G.Vijaya Sathrukkan is working as Office http://www.judis.nic.in Page No.46 of 121 W.A. Nos.1258 of 2018 etc. batch Assistant in our school from 1.2.2006. During this period his work and character is good. He is appointed by the Parent Teachers Association of our School.
Thirukakottai 17.09.2011 Head Master Govt. Boys Higher Sec. School Thirumakottai Thiru.P.Panneerselvam, 36th respondent in W.A. No.93/2019, has been working as Night Watchman since 1.6.2002 for more than 17 years in Government Higher Secondary School, Utkottai - 612 901, Ariyalur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR nky;epiyg;gs;sp. cl;nfhl;il / 612 901 mhpaY}h; khtl;lk;
gzprr; hd;W jpU/ g/ gd;dPh;bry;tk; j-bg/ gf;fphp vd;gth; cl;nfhl;il muR nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfj;jpd; K:yk; ,ut[ fhtyuhf epakdk; bra;ag;gl;L 01/06/2002 Kjy; ,Jehs; tiu bjhlh;e;J gzpg[hpe;J tUfpwhh; vdr; rhd;wspf;fg;gLfpwJ/ ,tuJ gzpf;fhyj;jpy; ,tuJ gzpa[k.; elj;ija[k; kpft[k; ed;whf cs;sJ/ jiyik Mrphpah;
muR nky;epiyg; gs;sp cl;nfhl;il / 612 901 mhpaY}h; khtl;lk;/ http://www.judis.nic.in Page No.47 of 121 W.A. Nos.1258 of 2018 etc. batch Thiru.R.Venugopal, 37th respondent in W.A. No.93/2019, has been working as Water Supplier since 1.6.1999 for more than 20 years in Government Higher Secondary School, K.G.Kandigai. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
murpdh; nky;epiyg;gs;sp.
nf/$p/ fz;oif / 631 205 gzprr; hd;W jpUts;S:h; khtl;lk;. v!;/ mf;uhcwuk; ahjt bjU fjt[ vz; 160-2 tPl;oy; trpj;J tUk; jpU/Mh;/ ntQqnfhghy;/ j-bg u';frhkpbuhl;o vd;gth; nf/$p fz;oif murpdh; nky;epiyg; gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; jz;zPh; itg;gtuhf epakdk; bra;ag;gl;L 01/06/1999 Kjy; ehsJ njjp tiuapy; bjhlh;e;J gj;J Mz;LfSf;F nkyhf ,g;gs;spapy; gzpg[hpe;J tUfpwhh; nkYk; jw;nghJ U:/250-/ I Cjpakhfg; bgw;W tUfpwhh; vdr; rhd;wspf;fg;gLfpwJ/ nkYk; ,g;gzpf;fhyj;jpy; ,tUila gzpa[k; elj;ija[k; kpf rpwg;ghf cs;sJ vdr; rhd;wspf;fg;gLfpwJ/ ,lk; nf/$p/ fz;oif ehs;
jiyikahrphpah;
muR nky;epiyg;gs;sp f/F/fz;oif / 631 205 Thiru.R.Sivakumar, 38th respondent in W.A. No.93/2019, has been working as Sweeper since 1.6.1999 for more than 20 years in Government Higher Secondary School, K.G.Kandigai. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
murpdh; nky;epiyg;gs;sp.
nf/$p/ fz;oif / 631 205 gzprr; hd;W http://www.judis.nic.in Page No.48 of 121 W.A. Nos.1258 of 2018 etc. batch jpUts;S:h; khtl;lk;. v!;/ mf;uhcwuk; ahjt bjU fjt[ vz; 160-2 tPl;oy; trpj;J tUk; jpU/Mh;/ rptf;Fkhh;. j-bg u';frhkpbuhl;o vd;gth; nf/$p fz;oif murpdh; nky;epiyg; gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; bgUf;Fgtuhf epakdk; bra;ag;gl;L 01/06/1999 Kjy; ehsJ njjp tiuapy; bjhlh;e;J gj;J Mz;LfSf;F nkyhf ,g;gs;spapy; gzpg[hpe;J tUfpwhh; nkYk; jw;nghJ U:/250-/ I Cjpakhfg; bgw;W tUfpwhh; vdr; rhd;wspf;fg;gLfpwJ/ nkYk; ,g;gzpf;fhyj;jpy; ,tUila gzpa[k; elj;ija[k; kpf rpwg;ghf cs;sJ vdr; rhd;wspf;fg;gLfpwJ/ ,lk; nf/$p/ fz;oif ehs;
jiyikahrphpah;
muR nky;epiyg;gs;sp f/F/ fz;oif / 631 205 Tmt.R.Subbammal, 39th respondent in W.A. No.93/2019, has been working as water supplier since 1.6.2000 in Government Higher Secondary School, Kanakammachatthiram, Tiruvallur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W murpdh; nky;epiyg;gs;sp.
fdfk;khrj;jpuk;
jpUts;S:h; khtl;lk;. jpUj;jzp tl;lk; fdfk;khrj;jpuk; m";ry;. gdg;ghf;fk; fpuhkj;jpy; trpf;Fk; Mh;/Kdpuj;jpdk; kidtp Mh;/Rg;gk;khs; vd;gth; fdfk;khrj;jpuk; murpdh; nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; gFjp neu jz;zPh; tH';Fgtuhf 01/06/2000 Kjy; ehsJ njjp tiuapy; bjhlh;e;J 10 Mz;LfSf;F nkyhf ,g;gs;spapy; gzpg[hpe;J tUfpwhh;/ nkYk; jw;nghJ U:/900-/ Cjpakhf bgw;W tUfpwhh; vdr; rhd;W mspf;fg;gLfpwJ/ nkYk; ,g;gzpf;fhyj;jpy; ,tUila gzpa[k; elj;ija[k; kpf rpwg;ghf cs;sJ vdr; rhd;W mspf;fg;gLfpwJ/ ,lk; : fdfk;khrj;jpuk;
ehs;
http://www.judis.nic.in Page No.49 of 121 W.A. Nos.1258 of 2018 etc. batch jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp fdfk;khrj;jpuk; / 631 204 jpUts;S:h; khtl;lk;/ Tmt.K.Muniyammal, 40th respondent in W.A. No.93/2019, has been working as part time sweeper since 1.6.2000 in Government Higher Secondary School, Kanakammachatthiram, Tiruvallur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
gzprr; hd;W murpdh; nky;epiyg;gs;sp.
fdfk;khrj;jpuk;
jpUts;S:h; khtl;lk;. jpUj;jzp tl;lk; fdfk;khrj;jpuk; m";ry;. g[Jgdg;ghf;fk; fpuhkj;jpy; trpf;Fk; nf/Rg;gpukzpak; kidtp nf/Kdpak;khs; vd;gth; fdfk;khrj;jpuk; murpdh; nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; gFjp neu bgUf;Fgtuhf 01/06/2000 Kjy; ehsJ njjp tiuapy; bjhlh;e;J 10 Mz;LfSf;F nkyhf ,g;gs;spapy; gzpg[hpe;J tUfpwhh;/ nkYk; jw;nghJ U:/900-/ Cjpakhf bgw;W tUfpwhh; vdr; rhd;W mspf;fg;gLfpwJ/ nkYk; ,g;gzpf;fhyj;jpy; ,tUila gzpa[k; elj;ija[k; kpf rpwg;ghf cs;sJ vdr; rhd;W mspf;fg;gLfpwJ/ ,lk; : fdfk;khrj;jpuk;
ehs;
jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp fdfk;khrj;jpuk; / 631 204 jpUts;S:h; khtl;lk;
Ms.J.Jebamani, 41st respondent in W.A. No.93/2019, has been working as part time Toilet Cleaner since 1.10.2007 in Government Higher Secondary School, Kanakammachatthiram, Tiruvallur District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
http://www.judis.nic.in Page No.50 of 121 W.A. Nos.1258 of 2018 etc. batch gzprr; hd;W murpdh; nky;epiyg;gs;sp.
fdfk;khrj;jpuk;
jpUts;S:h; khtl;lk;. jpUj;jzp tl;lk; fdfk;khrj;jpuk; m";ry;. Fsf;fiu trpf;Fk; nf/v!;/ b$auh$; kfs; n$/ b$gkzp vd;gth; fdfk;khrj;jpuk; murpdh; nky;epiyg;gs;spapy; bgw;nwhh; Mrphpah; fHfk; (PTA) K:yk; gFjp neu fHpg;gpl Rj;jk; bra;gtuhf epakdk; bra;ag;gl;L 01/10/2007 Kjy; ehsJ njjp tiuapy; bjhlh;e;J 5 Mz;LfSf;F nkyhf ,g;gs;spapy; gzpg[hpe;J tUfpwhh;/ nkYk; jw;nghJ U:/900-/ Cjpakhf bgw;W tUfpwhh; vdr; rhd;W mspf;fg;gLfpwJ/ nkYk; ,g;gzpf;fhyj;jpy; ,tUila gzpa[k; elj;ija[k; kpf rpwg;ghf cs;sJ vdr; rhd;W mspf;fg;gLfpwJ/ ,lk; : fdfk;khrj;jpuk;
ehs;
jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp fdfk;khrj;jpuk; / 631 204 jpUts;S:h; khtl;lk;
Thiru.P.Murugesan, 42nd respondent in W.A. No.93/2019, has been working as Office Assistant since 6.5.2009 in Government Higher Secondary School, R.Pudhupalayam, Rasipuram Taluk, Namakkal District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
murpdh; nky;epiyg;gs;sp.
,uh/ g[Jg;ghisak; / 637 408 ,uhrPg[uk; jhYf;fh ehkf;fy; khtl;lk;
gzprr; hd;W http://www.judis.nic.in Page No.51 of 121 W.A. Nos.1258 of 2018 etc. batch ehkf;fy; khtl;lk;. ,uhrpg[uk; tl;lk; muR nky;epiyg;gs;sp ,uh/g[Jg;ghisak; gs;spapy; bgw;nwhh; Mrphpah; fHf K:yk; epakdk; bra;ag;gl;l (mYtyf gzpf;F) jpU/bgh/KUnfrd; vd;ghh; ,g;gs;spapy; 06/05/09 Kjy; gzpapy; nrh;e;J ehsJ tiu bjhlh;e;J gzpg[hpe;j tUfpwhh; vd rhd;wspf;fg;gLfpwJ/ xk;-///////////////////////////////// jiyik Mrphpah;
murpdh; nky;epiyg;gs;sp ,uh/ g[Jg;ghisak; /637 408 ,uhrpg[uk; jhYf;fh ehkf;fy; khtl;lk;/ Thiru.S.Rajesh, 42nd respondent in W.A. No.93/2019, has been working as Office Assistant from 7.1.2003 to 15.8.2007, thereafter from 16.8.2007 to 13.7.2009 as Night Watchman and from 14.7.2009 to 30.3.2012 as writer and from 31.3.2012 to 31.12.2012 as Night Watchman and from 1.1.2013 as Office Assistant in Government Higher Secondary School, Kallidaikurichi, Tirunelveli District. The certificate given by the Head Master of the said school, in vernacular language is extracted here under:
muR nky;epiyg;gs;sp.
fy;ypilf;Fwpr;rp / 627 416 jpUbey;ntyp khtl;lk;/ gzprr; hd;W fy;ypilf;Fwpr;rp muR nky;epiyg;gs;spapy; jpU/ R/uhn$cw; vd;ghh; bgw;nwhh; Mrphpa fHf K:yk; 07/01/2003 Kjy; 15/08/2007 tiu mYtyf cjtpahsuhft[k;. 16/082007 Kjy; 13/07/2009 tiu ,ut[f;fhtyuhft[k;. 14/07/2009 kjy; 30/03/2012 tiu vGj;juhft[k; kw;Wk; 31/03/2012 Kjy; 31/12/2012 tiu ,ut[f; fhtyuhft[k;. 01/01/2013 Kjy; ,d;W tiu mYtyf cjtpahsuhf bjhlh;e;J gzpahw;wp tUfpwhh; vd rhd;W mspf;fg;gLfpwJ/ jiyik Mrphpah;
http://www.judis.nic.in Page No.52 of 121 W.A. Nos.1258 of 2018 etc. batch muR nky;epiyg;gs;sp fy;ypilf;Fwpr;rp / 627 416 jpUbey;ntyp khtl;lk;/ Service particulars of other respondents are given below:
S.No WP.No Name Post Date of Name and place of entry in school service 1 V.Shanmuga Sweeper 05.02.1999 Vilandai-
sundaram Andimadam 2 Government Higher 3 Secondary School 4 S.Asaithambi Night 10.10.2007 Karaikurichi Watchman Government High School E.P.Muruganandam Sweeper From Elakurichi 19954 of 07.08.2000 Government Higher 2013 to Secondary School 10.08.2010 and 31.08.2010 to 31.05.2011 Tamilvanan Night 01.05.2007 Periyathirukonam Watchman Govt. Higher.Sec.School 2 23982 of Miss.R.Vaanda Sweeper 1999-2000 ThenMahaDevaMang 2012 alam Govt.High.School M.Sampath Office From Paramanandhal Assistant 01.11.1998 Govt.Higher to Secondary School 23.05.2007 C.Sivakumar Night - Thanipadi Watchman Govt.Higher Secondary School D.Saroja Part-time From 2001 to Mangalam Sweeper 2009 Govt.Higher Secondary School S.Raja Night From 2002 Sa.Tho.Govt.Higher Watchman (for ten Sec.School years) http://www.judis.nic.in Page No.53 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service R.Govindammal Part-time From June Sa.Tho.Govt.Higher Sweeper 2002 (for 10 Sec.School years) K.Moorthy Night 23.08.2002 Devikapuram Watchman Govt.Higher Secondary School Thandapani Night From June Palampettai Watchman 2003 Govt.Higher Secondary School Last two years Night Watchman A.Sumathi Part-time From June Mangalam Sweeper 2001 to 2009 Govt.Higher Secondary School R.Manimegalai Sweeper From June Keelpenathur Govt 2007 onwards Girls Higher Secondary School Anbarasu Night From August Mangalam Watchman 2006 onwards Govt.Higher Secondary School A.Meganathan Night From 1998 Vedanthavadi Watchman onwards Govt.High.School M.Mathialagan Office 11.11.2005 Olagadam Assistant onwards Govt.Higher Secondary School S.Karunakaran Office From Panayampalli Assistant 15.06.2010 Govt.Higher onwards Secondary School K.Rajendran Office From Pudupalayam Assistant 01.06.2009 Govt.Higher onwards Secondary School P.Senthilkumar Night From May Kavilipalayam Watchman 2003 onwards Govt.Higher /Office Secondary School Assistant P.Swaminathan Night From A.Puthupalayam Watchman 01.06.2009 Govt.Higher onwards Secondary School N.Kanagarasu Night From Minnappalayam Watchman 01.06.1992 Govt.Higher http://www.judis.nic.in Page No.54 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service to Secondary School 06.07.2012 C.G.Rakhi Sweeper and From Bhavani Govt.Boys Night 1.1.2009 Higher Sec.School Watchman onwards P.Krishnan Office From Santhoor Govt.Boys Assistant 01.11.2003 Higher Secondary onwards School M.Sundarraj Office From Kappalvadi Assistant 17.08.1994 Govt.Higher onwards Secondary School Mrs.R.Karuna Office From Sigaralappalli Assistant 02.01.2003 Govt.Higher to June 2006 Secondary School A.Murthy Office From Barugur Govt Girls Assistant 18.06.1990 Hig.Sec.School onwards R.Muniyappan Night From Chennasandiram Watchman 13.08.1996 Govt.Higher Secondary School 3 21156 of N.Ramachandran Office From Moganoor 2012 Assistant 01.10.1999 Govt.Boys Higher onwards Secondary School 4 13282 of A.Vijayan Office Since 2003- Thiruvalam 2017 Assistant 2004 to 2012- Govt.Boys Higher 2013 Secondary School 5 20933 of S.Muthuvel Office From Royapuram 2012 Assistant 01.08.2005 Govt.High.School onwards 6 21383 of S.Adhimoolam Watchman From Mullakurichi 2012 and Watering 07.06.1999 Govt.High.School onwards 7 15774 of Rajesj Office From Kalidaikurichi 2013 Assistant, 07.01.2003 Govt.Higher Night onwards Secondary School Watchman and Writer P.Petchimmal Watchman From Podukudi 7.1.2007 Govt.Higher Secondary School http://www.judis.nic.in Page No.55 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service 12804 of G.Purushothaman Part-time - Katpadi Govt.Girls 2013 office Higher Secondary assistant School K.Sakthivel Part time - Vellore Govt.Boys Night Higher Secondary Watchman School K.Balasubramanian Part-time - Ariyalur Office Govt.High.School Assistant K.Krishnan Part time - Vellore Night Govt.High.School Watchman K.Gopal Part time - Vellore Govt.Boys Night Higher Secondary watchman School K.Kalaivani Part time - Vellore Sweeper Govt.High.School K.Patchaiammal Part time - Tiruvannamalai Sweeper Govt.High.School A.Meganathan Part time - Tiruvannamalai night Govt.High.School watchman P.Thandapani Part time - Tiruvannamalai night Govt.High.School watchman M.Jayavelu Night - Tiruvannamalai Watchman Govt.Girls Higher secondary school K.Unnamalai Sweeper - Tiruvannamalai Govt.Girls Higher Secondary school M.Sampath Night - Tiruvannamalai Watchman Govt.High.School M.Palani Night - Tiruvannamalai Watchman Govt.High.School K.Murthy Night - Tiruvannamalai Watchman Govt.High.School A.K.Murugan Office - Tiruvannamalai http://www.judis.nic.in Page No.56 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service Assistant Govt.High.School S.Anandaraj Sweeper - Polur Govt.Girls Higher Secondary School R.Venda Sweeper - Tiruvannamalai Govt.High.School 20399 of E.Srinivasan Office From Kelkarikathur 2013 Assistant 07.03.2003 Govt.High.School to 21.06.2006 and From 22.06.2007 to 15.06.2013 V.Thangarasu Night From June Kuvagam Watchman, 2005 onwards Govt.High.School Sweeper and Watering G.Baskar Night From Namakkal watchman 01.11.2000 Govt.High.School onwards M.Pragadeeshwara Office From Ulagappalayam n Assistant 10.06.2002 Govt.High.School onwards C.Balu Night From Varakoor Watchman 19.07.2000 Govt.High.School onwards K.Subramanian Office From Kavakkarapatti Assistant 03.01.2000 Govt.High.School to 03.07.2005 onwards P.Kulanthaivel Night From Moganur Watchman 01.02.2002 Govt.High.School onwards K.Muthukuppuswa Night From Ellachipalayam my Watchman 13.02.2001 Govt.High.School onwards K.Gunasekaran Office From Pandamangalam Assistant 04.06.2001 Govt.Girls Higher http://www.judis.nic.in Page No.57 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service onwards Secondary School M.Sathi Office From June Moganur Govt.Girls Assistant 1995 onwards Higher Secondary School Meenachi Sweeper Almost 15 Mangalapuram years Govt.High.School Mathaiyan Night From Kumarapalayam Watchman 03.07.2000 Govt.High.School onwards Manonmani Office From Kumarapalayam Assistant 02.05.1996 Govt.High.School K.Shankar Office From Pappanasam Assistant 09.06.2003 Govt.Higher Secondary School M.Mariya Doss Watchman From Padanallur 01.02.2004 Govt.Girls Higher Secondary School K.Murugesan Night From Ulagappalayam Watchman 27.11.2007 Govt.High.School M.Ravi Gardener From Kumarapalayam 01.06.2010 Govt.Boys Higher Secondary School K.Suthanthiraraj Watchman From Kovilpatty 24.09.2003 Govt.High.School S.Maniraj Night From June Kayathur Watchman 1998 Govt.High.School R.Ravi Office From Thurinchipatti Assistant 01.09.2006 Govt.High.School Gunasekaran Night From 1997 to Pappireddypalayam Watchman 1998 Govt.High.School B.Natarajan Office From Kambainallur Assistant 02.07.1999 Govt.Girls.Higher to Secondary School 05.01.2012 Amaravathi - From Avvaiyar 10.10.1984 Govt.Higher to 31.3.1988 Secondary School and from 15.07.1991 onwards http://www.judis.nic.in Page No.58 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service A.Rathi Sweeper From B.Agraharam February Govt.Higher 1994 Secondary School M.Mathaiyan Night From Pandaalli Watchman 26.08.2008 Govt.High.School onwards C.Srinivasan Night On Pappireddipatti Watchman temporary Govt.High.School basis P.Mathaiyan Night From Amalimallapuram Watchman 01.10.1999 Govt.High.School to 31.08.2006 and from 01.07.2008 till now P.Nagarajan Night From Mallapuram Watchman 01.01.2001 Govt.Girls.Higher for ten years Secondary School P.Elango Office From Vasikkavundanoor Assistant 01.06.2010 Govt.High.School M.Sathish Office From Ammayappan Assistant 20.06.2003 Govt.Higher Secondary School N.Selvam Office From June Pudur Assistant 2004 Govt.High.School S.Thilakar Office From 2006 to Koradachery Assistant 2007 Govt.Boys Hr.Sec.School S.Karthikeyan Office From Alangkottai Assistnat 03.06.2008 Govt.High.School T.Periyar Office From Periyakuthur Assistant 01.08.2006 Govt.High.School N.Rajesh Night From Kodalikaruppur Watchman 01.11.2000 Govt.High.School and Watering to 03.11.2006 R.Durairaj Office From Karattampatti Assistant February Govt.Higher 2004 Secondary School http://www.judis.nic.in Page No.59 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service G.Vijaya Sathrugan Office From Thirumakottai Assistant 01.02.2006 Govt.Boys.Higher Secondary School P.Paneer Selvam Night From Utkottai Watchman 01.06.2002 Govt.High.School R.Venugopal Watering From K.G.Kandigai 01.06.1999 Govt.High.School R.Sivakumar Sweeper From K.G.Kandigai 01.06.1999 Govt.High.School R.Subbammal Watering From Kanagammasathram 01.06.2000 Govt.Higher Secondary School K.Muniyammal Sweeper From Kanakammachathra 01.06.2000 m Govt.Higher Secondary School J.Jebamani Sanitary work From Kanakammachathra 01.10.2007 m Govt.Higher Secondary School R.Murugesan Office From Nammakkal Assistant 06.05.2009 Govt.High.School 20730 of S.Hinayathullah Office From Molachur 2012 Assistant 02.06.1995 Govt.Higher Secondary School 18680 of C.Ramajayam Office For the past Panjayath Union 2012 Assistant 9 years Elementary School, Iyyanpettai 18681 of G.Sugumaran Night For the past Govt.High.School 2012 Watchman 18 years Salavakkam, Kancheepuram District 18682 of S.Saravanan Night For the past SPK 2012 Watchmen 17 years Govt.High.School Kadapakkam, Kancheepuram District 18683 of M.Poornachandran Office For the past Higher Secondary 2012 Assistant 10 years School, Singadivakkam, Kancheepuram District. http://www.judis.nic.in Page No.60 of 121 W.A. Nos.1258 of 2018 etc. batch S.No WP.No Name Post Date of Name and place of entry in school service 18684 of S.Kothandan Office For the past SPK 2012 Assistant 15 years Govt.High.School, Kadapakkam, Cheyyur, Kancheepurm District. 18685 of N.Baskaran Night For the past Govt.High.School, 2012 Watchmen 18 years Nanganallur, Kancheepuram District. 18511 of P.Kamakotti Night For the past B.Besrilal 2012 Watchmen 6 years Govt.Girls.Higher Secondary School 18514 of M.Gunavathy Office For the past Govt.Higher 2012 Assistant 15 years Secondary School, Singadivakkam, Kancheepuram District.
19. Though the appellants have contended that the respondents have not been appointed through employment exchange, not against sanctioned posts, not following communal roster, not paid from government funds and thus a back door entry, it cannot be disputed that while issuing orders in G.O.(Ms) No.242 Education, Science and Technology (C2) Department dated 28.3.1994, permitting registration of Parent Teachers Association, Government have framed guidelines, permitting Parent Teachers Association to make temporary appointment of teachers and paid from their accounts. Clause 25 of the Guidelines is reproduced.
25/ TLjyhfj; njitg;gLk; Mrphpah;fis my;yJ http://www.judis.nic.in Page No.61 of 121 W.A. Nos.1258 of 2018 etc. batch tpLKiw gjpyp Mrphpah;fis fy;tpj; jFjp kw;Wk; fHf epge;jidfSf;F cl;gl;L Kw;wpYk; jw;fhypfkhfg; gzpakh;j;jpj; bjhFg;g{jpak; mspj;jy;/
20. Government of Tamil Nadu have issued G.O.(Ms)No.74, Personnel and Administrative Reforms (F) Department, dated 26.07.2013, and the same is extracted hereunder:-
"GOVERNMENT OF TAMILNADU ABSTRACT Public Services - Employees working on daily wages - Bringing into regular establishment on completion of ten years of service as on 01.01.2006 - Revised Orders - Issued.
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PERSONNEL AND ADMINISTRATIVE REFORMS (F) DEPARTMENT G.O.(Ms)No.74 Dated: 27.06.2013 tpIa Mz;L. Mdp 13 jpUts;Sth; Mz;L 2044 Read:
G.O.(Ms)No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006.
****** ORDER:
In the Government Order read above, orders have been issued directing the Departments of Secretariat to pursue action to regularize the services of the daily wage http://www.judis.nic.in Page No.62 of 121 W.A. Nos.1258 of 2018 etc. batch employees working in all Government Departments who have rendered 10 years of service as on 1.1.2006 by appointing them in the time-scale of pay of the post in accordance with the service conditions prescribed for the post concerned, subject to their being otherwise qualified for the post of consultation with the respective Heads of Departments and proposal may be sent to Government wherever necessary in special cases, wherein relaxation of rule is required.
2) In certain cases of regularization ordered invoking the Government Order read above, the following deviations were noticed:
(a) The benefit of regularization available to the full time daily wage employees has been extended to part- time employees also;
(b) The benefit of regularization available to the daily wage employees initially recruited through the employment exchange has been extended to those initially appointed illegally without reference by the employment exchange or through an open competitive process.
(c) The services were regularized from the date of initial appointment instead of regularizing the services from the date of issue of the order.
(d) The monetary and other service benefits were allowed retrospectively from the date of regularization, in cases where relaxation of service rules are involved without consideration of financial implication;
(e) While relaxing service rules, the rules relating to educational qualification and mode of recruitment http://www.judis.nic.in Page No.63 of 121 W.A. Nos.1258 of 2018 etc. batch are also relaxed;
(f) For allowing the monetary and other service benefits with retrospective effect, Rule 23(a) (ii) of the General Rules for Tamil Nadu State and Subordinate Services was also relaxed, which cannot be relaxed;
(g) The services of daily wage employees appointed after 01.01.1996 were also regularized invoking the Government Order read above.
3) Persons ineligible to get benefit of regularization as per the Government Order read above have sought legal remedy through writ petitions in the Hon'ble High Court of Madras, in such cases, the Court has passed orders. It is noticed that such orders are passed because of the following reasons:-
a. Counter affidavits were not filed promptly resulting in exparte orders pronounced by the Hon'ble Courts.
b. Even in cases where counter affidavit is filed, the facts and rules are not prevented comprehensively.
c. Appeals are not filed in time.
d. Delays in filing the Writ Appeals or Special Leave Petitions resulted in initial orders being confirmed by the Hon'ble Courts.
4) Such court orders have been implemented and the benefits are being extended to all similarly placed persons without examining the merits of individual cases and its financial implications on the State Exchequer.
5) The improper implementation of regularization http://www.judis.nic.in Page No.64 of 121 W.A. Nos.1258 of 2018 etc. batch scheme has caused huge financial commitment running into several crores of rupees to the State Exchequer and defeated the purpose of the Government Order read above.
To arrest the improper implementation of the one time regularization scheme ordered in the Government Order read above, the Government have now decided to lay down fresh modalities to govern the regularization of the service full time daily wage employees.
6) In supersession of the orders issued in the Government Order read above, the Government now issue revised orders on regularization of services of full time daily wage employees working in all Government department as detailed below:
(i) This order shall be deemed to have been come into force with retrospective effect from 01.01.2006;
(ii) The services of the full time daily wage employees who were initially appointed on full time basis in consultation with the Employment Exchange to discharge the function of the post in the Tamil Nadu Basic Service and completed 10(ten) years of service as on 01.01.2006 shall be regularized against regular vacancies in the sanctioned cadre strength;
(iii) In cases of relaxation of service rules, the service rule relating to the educational qualification and mode of recruitment shall not be relaxed;
(iv) In cases, where relaxation of rules are involved, monetary benefit shall be allowed with effect from the date of issue of orders as per Rule 23(a) (ii) of the General Rules for Tamil Nadu State and Subordinate http://www.judis.nic.in Page No.65 of 121 W.A. Nos.1258 of 2018 etc. batch Services;
(v) In cases where relaxation of rules are not involved, monetary benefit shall be allowed with effect from the date of regularization;
(vi) The Part-time and casual employees are not entitled to the concession referred to at para (ii) above;
(vii) The services of the full time daily wage employees who have completed 10 years of service after 01.01.2006 shall not be regularized;
(viii) All the appointing authorities should adhere to the above instructions scrupulously in future. Failing which, it will be viewed seriously and necessary disciplinary action will be initiated as per rules against the person who is responsible for- the said lapses. All the Heads of Departments are directed to ensure that all the above said instructions are followed without fail and lapses if any found, responsibility will be fixed against them;
(ix) All the proposals for regularization of the services of full time daily wage employees should be sent to the Government even in cases where relaxation of rules are not involved.
7) This Government order shall not be applicable to the cases where orders have already been issued by the competent authority in pursuance of the Government Order (Ms.) No. 22. Personnel and Administrative Reforms (F) Department, dated 28.2.2006 and also the orders issued in pursuance of the Court directions where the verdict reached finality.
8) This order issues with the concurrence of Finance http://www.judis.nic.in Page No.66 of 121 W.A. Nos.1258 of 2018 etc. batch Department vide its U.O.No. 2247/FS/P/13, Dated; 24.06.2013.
(BY ORDER OF THE GOVERNOR) SHEELA BALAKRISHNAN, CHIEF SECRETARY TO GOVERNMENT."
21. Perusal of the service particulars submitted by the learned counsel for the respondents makes it clear that the respondents have been appointed as sweepers, attendants, watchmen, etc., by the Parent Teacher's Associations, with the clear knowledge of the educational authorities and working in the schools for a long time, getting meagre wages. On the aspect of their entitlement to minimum wages, the Hon'ble Supreme Court in Sabha Shanker Dube vs. Divisional Forest Officer & Ors. decided on 14.11.2018 in Civil Appeal No.10956 of 2018 (Arising out of S.L.P. (Civil) No.1045 of 2016), at para Nos.5 to 13 held thus:
"5. We have heard Mr. B.H. Marlapalle and Mr. S.R. Singh, learned Senior Counsels for the Appellants and Ms. Aishwarya Bhati, learned Addl. Advocate General and Ms.Rachna Gupta, learned Advocate on- Record appearing for the Respondents. It was made clear by Mr.Marlapalle, learned Senior Advocate that the only point that requires consideration pertains to the entitlement of the Appellants to the minimum of the pay http://www.judis.nic.in Page No.67 of 121 W.A. Nos.1258 of 2018 etc. batch scales applicable to the regular employees in the Forest Department. It was submitted on behalf of the Appellants that the judgment of this Court in Civil Appeal No.3634 of 1998 in State of U.P. & Ors. v. Putti Lal still holds the field and the Division Bench ought to have granted the relief sought by following the said judgment. The Appellants relied upon a judgment of this Court in State of Punjab & Ors. v. Jagjit Singh & Ors. to submit that they are entitled to the minimum of the pay scales and the judgment of the Division Bench is liable to be set aside. The Appellants also draw support from the Civil Appeals 5 that were heard by this Court against the orders passed in Contempt Applications filed for disobedience of the orders of payment of the minimum of the pay scales to the daily wage workers in the Forest Department. This Court took notice of an affidavit filed on behalf of the Principal Chief Conservator of Forests, State of Uttar Pradesh in which it was stated that the instructions were given to all the officers concerned to implement the directions issued by the High Court regarding payment of the minimum of pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the Principal Secretary to the Department of Forests, State of Uttar Pradesh to file separate affidavits in the High Court regarding the implementation of the directions. Mr. S.R. Singh, learned Senior Advocate appearing for some of the Appellants informed us that all the daily wagers were paid the minimum of the pay scales from 29th January, http://www.judis.nic.in Page No.68 of 121 W.A. Nos.1258 of 2018 etc. batch 2016 to 31st March, 2018 at the rate of Rs.18,000/- per month. After 31 st March, 2018, the pay was revised to 7,000/- per month. He submitted that according to the recommendations of the 7 th Pay Commission, the minimum of the pay scale to which the Appellants are entitled to is Rs.18,000/-.
6. Ms. Aishwarya Bhati, learned Addl. Advocate General appearing for the State of Uttar Pradesh contended that the Appellants are working in projects after being employed as and when the necessity arises. There is no continuity of service and the employment of the Appellants is made periodically after long breaks. She submitted that the Appellants are not eligible for regularization in accordance with the rules and they are not working on sanctioned posts. She also submitted that any relief granted in favour of the Appellants will result in a heavy burden on the State exchequer.
7. It is necessary for us to refer to the judgment of the Division Bench of the High Court of Allahabad in Special Appeal No.1530 of 2007 as all the impugned Special Appeals were dismissed by following the said judgment. The directions issued by the learned Single Judge to re- consider the Writ Petitioners for regularization of their services by ignoring the minimum educational qualifications and the physical endurance requirements as well as continuance of the Writ Petitioners on a daily wage basis with the minimum of the pay scales were set aside by the Division Bench.
8. The daily wagers relied upon a judgment of this http://www.judis.nic.in Page No.69 of 121 W.A. Nos.1258 of 2018 etc. batch Court in Putti Lal (supra) and submitted that the same relief may be extended to them. It is relevant to note that the judgment in Putti Lal (supra) relates to a dispute similar to that involved in this case. Daily rated wage earners in the Forest Department in the State of Uttar Pradesh approached the High Court for regularization of their services. The Division Bench of the High Court of Allahabad directed the State Government to constitute the Committee as directed in order to frame the scheme for regularization. The judgment of the High Court that the daily rated wage workers shall be paid at the minimum of the pay scales was affirmed by this Court on the principle of equal pay for equal work. The Division Bench of the High Court while deciding Special Appeal No.1530 of 2007 referred to the judgment in Putti Lal (supra) but placed reliance on a later judgment of this Court Tilak Raj (supra). The Division Bench of the High Court also cited the case of Surjit Singh (supra) to hold that the daily wagers cannot seek the benefit of the judgment of Putti Lal (supra) case in view of the subsequent decisions of this Court wherein, according to the High Court, it was held that daily wage employees were not entitled to the minimum of the pay scales.
9. On a comprehensive consideration of the entire law on the subject of parity of pay scales on the principle of equal pay for equal work, this Court in Jagjit Singh (supra) held as follows:
“ 58. In our considered view, it is fallacious to http://www.judis.nic.in Page No.70 of 121 W.A. Nos.1258 of 2018 etc. batch determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Anyone, who is compelled to work at a lesser wage does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self- respect and dignity, at the cost of his self- worth, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.”
10. The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned posts. After considering several http://www.judis.nic.in Page No.71 of 121 W.A. Nos.1258 of 2018 etc. batch judgments including the judgments of this Court in Tilak Raj (supra) and Surjit Singh (supra), this Court held that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.
11. In view of the judgment in Jagjit Singh (supra), we are unable to uphold the view of the High Court that the Appellants-herein are not entitled to be paid the minimum of the pay sales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. We are concerned only with the principle laid down by this Court initially in Putti Lal (supra) relating to persons who are similarly situated to the Appellants and later affirmed in Jagjit Singh (supra) that temporary employees are entitled to minimum of the pay scales as long as they continue in service.
12. We express no opinion on the contention of the State Government that the Appellants are not entitled to the reliefs as they are not working on Group ‘D’ posts and that some of them worked for short periods in projects.
13. For the aforementioned reasons, we allow these Appeals and set aside the judgments of the High Court holding that the Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. The State of Uttar Pradesh is directed to make payment of the minimum of pay scales to the Appellants with effect from http://www.judis.nic.in Page No.72 of 121 W.A. Nos.1258 of 2018 etc. batch 1st December, 2018."
22. Reading of G.O.Ms.No.35, makes it clear that the Government have consciously recognised the need for the posts of vocational teachers in the schools and that the Government did not create sufficient number of vocational instructor posts in the schools, despite the need and it was the Parent Teachers Associations, who came forward to pay salary to the teachers. Government ought to have exercised their power coupled with the duty to create teaching posts, required in every school/institution. Few cases on the exercise power coupled with duty are extracted.
i) Lord Cairns in Julius vs. Lord Bishop of Oxford, in (1874-80) 5 AC 214 : 1847-80 All England Reporter 43 HL, which was considered in State (Delhi Admn.) Vs. I.K.Nangia and another, reported in (1980) 1 SCC 258, held thus:-
"There may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something, in the conditions under which it is to be done, something in the title of the persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed to exercise that power when called upon to do so."
ii) Maxwell on Interpretation of Statutes, 11th Edn. at Page http://www.judis.nic.in Page No.73 of 121 W.A. Nos.1258 of 2018 etc. batch 231, referred to in I.K.Nangia's case is reproduced hereunder:-
"Statutes which authorise persons to do acts For the benefit of others, or, as it is sometimes said, for the public good or the advancement of justice, have often given rise to controversy when conferring the authority in terms simply enabling and not mandatory. In enacting that they "may" or "shall, if they think fit", or, "shall have power", or that "it shall be lawful" for them to do such acts, a statute appears to use the language of mere permission, but it has been so often decided as to have become an axiom that in such cases such expressions may have-to say the least-a compulsory force, and so could seem to be modified by judicial exposition. (Emphasis supplied)."
As stated supra, it is the Parent Teachers Association, who have appointed the teachers.
23. However, later on, Government issued orders in G.O.Ms.No.35, directing accommodation of the Vocational Instructors, appointed by the Parent Teachers Association and paid from their accounts, in the vacant posts in schools. Shift in the action of the State in regularising the employees are due to the deviations pointed out in G.O.Ms.No.74, which are as follows:
It is noticed that such orders are passed because of the following reasons:-
a. Counter affidavits were not filed promptly resulting in exparte orders pronounced by the Hon'ble Courts.
http://www.judis.nic.in Page No.74 of 121 W.A. Nos.1258 of 2018 etc. batch b. Even in cases where counter affidavit is filed, the facts and rules are not prevented comprehensively.
c. Appeals are not filed in time.
d. Delays in filing the Writ Appeals or Special Leave Petitions resulted in initial orders being confirmed by the Hon'ble Courts.
4) Such court orders have been implemented and the benefits are being extended to all similarly placed persons without examining the merits of individual cases and its financial implications on the State Exchequer.
5) The improper implementation of regularization scheme has caused huge financial commitment running into several crores of rupees to the State Exchequer and defeated the purpose of the Government Order read above.
To arrest the improper implementation of the one time regularization scheme ordered in the Government Order read above, the Government have now decided to lay down fresh modalities to govern the regularization of the service full time daily wage employees.
24. Going through the material on record, it cannot be said that the posts of sweepers, attendants, watchmen, etc., are not required in schools. But for the sweepers, schools cannot maintain cleanliness, and all along the respondents, who are sweepers, watchmen, attendants and others have discharged their respective duties to the satisfaction of the Headmasters of the schools. Having realized the http://www.judis.nic.in Page No.75 of 121 W.A. Nos.1258 of 2018 etc. batch need to maintain cleanliness and hygiene in schools, the then Hon'ble Chief Minister of Tamil Nadu had made a statement in the floor of the assembly, for creation of sweeper posts. Need for having watchmen and other non-teaching posts, has also been felt. At the risk of repetition, paragraphs 1 and 2 of G.O.Ms.No.47, are reproduced hereunder:
" The Hon'ble Chief Minister under Rule 110 of the Legislature Assembly on 26.08.2011 in the notification issued therein had mentioned that "cleanliness and the healthy environment to prevail in the schools which is my strong intention. Therefore the sweepers and other service at the High Schools and higher secondary schools, 5000 non teaching posts will be created. For this reason the government will incur expenses about 60 crores rupees per year" which has been informed.
2. With regard to the above said notification, in order to implement the said, the Government High Schools and Higher Secondary School in the Tamilnadu that to prevail cleanliness and the healthy environment on the basis of this high aim for the period between 2002-2003 and 2011-2012 to improve the Panchayat Union Middle Schools/High Schools the 2999 high schools/Higher Secondary Schools formulated therein. The number of students of the school which has strength of less 500 students about 998 Govt High http://www.judis.nic.in Page No.76 of 121 W.A. Nos.1258 of 2018 etc. batch schools the posts of 998 with one post to each, and in the schools where there are more than 500 student, about two posts in 996 Govt., High Schools at 1992 posts and to 1005 Government Higher Secondary School at 2 posts in each, about 2010 posts, in all about 5000 non teaching posts was requested to permit to allow by the proposal submitted by the Director of School education which has been carefully considered and the Government issues order in the following manner:-
i) In the High Schools where the strength of the students is less than 500 about 998 Govt. High Schools a post of Sweeper in each school in pay scale of Rs.1300-300 + Grade pay Rs.300 under Special Time Scale of pay 998 posts of sweeper is created.
ii) Where there are more than 500 students of 996 Government High Schools, and 1005 Government Higher Secondary Schools, at one sweeper post in each school in the pay scale of Rs.1300-300 + Grade pay Rs.300 under Special Time Scale of pay 2001 posts are created and one post of watchmen in pay scale of Rs.4800-10,000 + Grade pay Rs.1300 under Special Time Scale of pay 2001 posts are created.
iii) The posts at the Government High School/Higher Secondary school has been approved among 5014 non teaching posts, the posts of basic service which has not been filled up for a long time on considering this aspect, no to create the intended post of sweeper/watchmen which is equivalent to 5000 http://www.judis.nic.in Page No.77 of 121 W.A. Nos.1258 of 2018 etc. batch vacant posts is hereby dissolved.
iv) As issued order in the aforesaid manner. The posts that is in prevailing procedure to fill up those post, the Director of School education is instructed to take appropriate proceedings in this regard.
25. While issuing G.O.Ms.No.47, dated 2.3.2012, Government was also conscious of the fact that 5014 non-teaching in basic service have not been filled up, for a long time. At this juncture, it is relevant to extract Paragraphs 5 to 11 of the order made in W.P.No.19954 of 2013, dated 16.02.2017, which is similar to all cases as to why the Writ Court issued directions to regularise them. For brevity, the same are extracted hereunder:
" 5.The PTA in the State of Tamil Nadu, which is a non-Government Organisation was established in the year 1964. The Association was organised with the object to develop good relationship and better co- operation between the parents and teachers, to guide children for their improvements in social, economic, cultural and educational activities, among other activities. Apart from the development of the students, the PTA also involves itself in the improvement and development of the school. Whenever, the School Management is in shortage of finance to meet necessary expenses like paying the remuneration for ad hoc appointees or expansion or construction of school http://www.judis.nic.in Page No.78 of 121 W.A. Nos.1258 of 2018 etc. batch buildings, the PTA also raises funds to assist in such activities. At times, whenever a situation arises whereby the Government is unable to provide fund immediately to aided schools owing to shortage in their budget and whenever the government, in principle, has agreed to provide funds, the PTA extends financial assistance during such situations.
6.In this background, in view of the acute shortage in the posts of Sweepers, Watchmen, Night Watchmen, Water Attenders and Office Assistants, etc., the Government had in principle, agreed to fill up the said vacancies. However, since the process of filling up the vacancies took considerable time, the PTA had, on ad hoc basis, appointed various persons to these posts until the State Government sanctioned these posts. Consequent to these ad hoc appointments and the Government having not taken an early decision to sanction these posts, the Ad hoc Appointees were continued to serve in Schools for a long period.
7.Though the Government was quite concious of the fact that various persons like that of petitioners have been serving in the post of Sweepers, Watchmen, Office Assistants, etc., for a long period, curiously, an order in G.O.Ms.No.47, School Education Department, dated 02.03.2012, came to be passed whereby 5000 posts of sweepers and allied non-teaching staff were sought to be filled up through regular appointment. On a perusal of the G.O., it is seen that the Hon'ble Chief Minister of Tamil Nadu, had announced in the Legislative Assembly http://www.judis.nic.in Page No.79 of 121 W.A. Nos.1258 of 2018 etc. batch to appoint 5000 Sweepers and allied non-teaching staff in order to maintain cleanliness and healthy environment in all schools in the State of Tamil Nadu.
8.With this announcement in the background, the Government Order came to be passed and fresh appointments were sought to be made, without consideration of the existing ad hoc Appointees. It is rather unfortunate that the respondents had totally disregarded the long service put up by the Ad hoc Appointees like that of the petitioners, without any rationale in failing to regularise their services and opting to bring in new appointments. It is also seen that when the respondents had sought to reject the claim of some of the ad hoc appointees, the reason adduced was that their appointments were not made on regular basis and that their names were neither recommended by the Employment Exchange nor were they appointed by adopting caste reservation or taking into consideration their age eligibility criteria.
9. I am unable to accept the reasoning of the respondents in this regard. Admittedly, there was a severe crisis whereby appointments to these posts was imminent and necessary for the welfare of the school children. It is also not in dispute that the respondents were contemplating to sanction the posts of Sweepers, Watchmen, Night Watchmen, Office Assistants, etc., It is in contemplation of such a sanction that the PTA had made these appointments, which was also one of the objects of the PTA. While that being so, the http://www.judis.nic.in Page No.80 of 121 W.A. Nos.1258 of 2018 etc. batch Government's decision to appoint 5000 new persons to these posts without considering the plight of the Ad hoc appointments, who were serving for a considerable time on meagre consolidated pay, is totally irrational. The Government Order was also passed on the basis of the announcement made by the Hon'ble Chief Minister in the Legislative Assembly to appoint 5000 Sweepers and allied non-teaching staff in order to maintain cleanliness and healthy environment in all schools in the State of Tamil Nadu and thereby, in the given situation, the proper method to be adopted by the respondents would have been to regularise the ad hoc appointments and then resort to new appointments while trying to adjust the 5000 appointments announced by the Hon'ble Chief Minister. As such, the respondents attempt to justify their rejection orders stating that the ad hoc appointments were not regular, is illegal. Accordingly, I reject the reasoning of the respondents in passing orders disallowing the claim of the ad hoc appointees.
10.At this juncture, Mr.K.Venkata Ramani, the learned Additional Advocate General, appearing on behalf of Respondents, on written instructions would bring it to my notice that pursuant to G.O.Ms.47, dated 02.03.2012, the Government had already appointed 1495 Watchmen and 2213 Sweepers on 23.11.2012 and the remaining 506 vacancies of night watchman and 786 Sweepers are yet to be filled up and that the vacancies will be filled after getting appropriate orders from the Government. While that being so, there is no http://www.judis.nic.in Page No.81 of 121 W.A. Nos.1258 of 2018 etc. batch impediment on the part of the respondents to consider the case of the ad hoc appointees who have been serving various schools. Since the respondents have taken a decision to appoint new candidates vide G.O.Ms.No.47 dated 02.03.2012, the petitioners will be entitled to be regularised with effect from 02.03.2012.
11.As such, the petitioners in these writ petitions, who had also put in considerable service as ad hoc appointees on consolidated pay, are entitled to be regularised in the said post. Consequently, the Secretary to Government, Department of Education, Government of Tamil Nadu, Chennai, is hereby directed to regularise the service of the petitioners with effect from 02.03.2012, within a period of six weeks from the date of receipt of a copy of this order."
26. While considering the representation of the General Secretary, Tamil Nadu Government Office Assistant and Basic Employer State Association, dated 08.10.2012, Government in letter, dated 02.01.2013, have accepted they have sanctioned 5014 non-
teaching posts and that in G.O.Ms.No.745, Finance (Ze-Bag) Department, dated 22.09.1995, there was a stay to fill up the posts.
Having regard to responsibility to maintain the schools with proper cleanliness and safety, and considering the work of attendants, government ought to have filled up the above posts and in such http://www.judis.nic.in Page No.82 of 121 W.A. Nos.1258 of 2018 etc. batch circumstances, it is the Parent Teachers Association, who have appointed them. Government have also tacitly accepted the entitlement of the Parent Teacher's Association in making appointment. Government knew very well that the posts in basic service were not filled up. It is well known that constitution of Parent Teachers Association in the schools is to enhance and improve the learning experience of children in the schools. With the object of constituting PTAs in schools, activities of PTAs, in schools in coordination with the education department, for the welfare of the children in the schools, in assisting the management of the schools, their role cannot be undermined. Association is constituted, for the benefit of the students, and to endeavour, for the improvement of the school. Thus PTAs have appointed sweepers, watchmen, attendants, for cleaning the school premises, toilets, and the general upkeep of the schools. At this juncture, we pose a question to the appellants, Whether schools can function without a regular sweeper, attendant and watchmen, etc., why would the government had earlier sanctioned 5014 non-teaching posts? There cannot be a dispute that such posts are required in the schools, for maintaining cleanliness, the requirement of attendants, watchmen and others, for other works.
Having sanctioned the posts, taking into consideration the need, Government have not filled up 5014 posts. At the risk of repetition, http://www.judis.nic.in Page No.83 of 121 W.A. Nos.1258 of 2018 etc. batch Paragraph 2 of the letter, dated 02.01.2013, of the Government is reproduced, " 2. In the above said case, it is contended that the petitioners are working as Office Assistants, Sweepers, Night watchmen with regard to the posts of Office Assistants, vide G.O.No.745, Finance (Ze-Bag) Department, dated 22.09.1995, as there is a Stay to fill up those posts, that at present it could not be filled up. Further in G.O.(Ms).No.242, School Education Department, dated 28.03.1994 the government has granted approval for the Regulations of Parent Teacher's Association. Further Parent Teachers Association is not an organization. At the Parent Teachers Association, through General committee, Executive Committee, any parent of a boy or girl students of the said school or any person having the intention of welfare of the education a liberal patron, any one of them act as secretary, Head teacher/teacher of the said school or any retired Educational Officers, retired teachers residing in the vicinity of the said school find their place in the general body of the association. The welfare schemes, liberal patronage scheme, to look after the welfare of the boy and girl students so that they do not discontinue their studies in the middle of their course, the boy and girl students who come from villages, as their parents are illiterate, to make the Federation of knowledge of writing a successful to prepare and conduct activities, and schemes, which has been the aim of the http://www.judis.nic.in Page No.84 of 121 W.A. Nos.1258 of 2018 etc. batch Association. Among them in item 25 the following details are given as follows:-
"when it is required of additional teachers or substituted teachers on leave, the qualified teachers and within the terms and conditions of the Association. The appointment being a purely on temporary basis on the grant of consolidated pay"
27. As per the information given to the respondents under the Right to Information Act, 2005, 786 Sweeper posts were sanctioned and 506 night watchmen posts were vacant. The said proceedings issued by the Public Information Officer and Joint Director (Labour Wing), Chennai, are extracted hereunder:
jftywpa[k; chpikr;rl;lk; 2005 bghJ jfty; tH';Fk; mYtyh; kw;Wk; ,iz ,af;Feh; (gzpahsh; bjhFjp) bray;Kiwfs;. brd;id= 600 006/ bghUs; = jfty; mwpa[k; chpikr;rl;lk;. 2005. fh";;rpgu[ k;
khtl;lj;ij nrh;e;j jpU/e/uhkb$ak; vd;gtuhy; nfhug;gl;l tptu';fs; mDg;g[jy; = rhh;g[/ ghh;it = jpU/e/uhkb$ak; vd;gtupd; kD ehs;/18/07/2013/ fh";;rpg[uk; khtl;lj;ij nrh;e;j jpU/e/uhkb$ak; vd;gth; jftywpak[ ; chpikr;rl;lj;jpd;go 5000 fhtyh;. Jg;g[uthsh; gzpaplk; rhh;ghf tptu';fs; nfhhpa[s;shh;/ 5000 gzpaplj;jpy; vj;jid gzpapl';fs; epug;gg;gl;ld. Vj;jid gzpapl';fs; fhypg;gzpaplk; mjd; tptuk; fPH;ff; hZkhW gjtp mDkjpf;fg;gl;l gzpaplk; epug;gg;gl;l gzpaplk; kPjk; epug;gpl ntz;oa gzpaplk;,ut[ff; htyh; 2001 1495 506 Jg;gu[ thsh; 2999 2213 786
http://www.judis.nic.in Page No.85 of 121 W.A. Nos.1258 of 2018 etc. batch gjtp mDkjpf;fg;gl;l gzpaplk; epug;gg;gl;l gzpaplk; kPjk; epug;gpl ntz;oa gzpaplk;
bkhj;jk; 5000 3708 1292 nkw;fhZk; gzpapl';fs; epug;gg;gl;Ls;sJ/ bgWeh;
jpU/e/uhkb$ak;
j/bg/enlrd;
fe;jg;gd; tPjp ma;ad;ngl;il fh";;rpg[uk;;/
28. In the case of Vocational Instructors appointed by the Parent Teachers Association, Government have exempted the rules relating to communal roster, age, method of recruitment (Employment Exchange) and issued orders in G.O. Ms. No.35 School Education (R1) Department dated 9.2.2017, appointing 213, Vocational Instructors in the vacant posts, whereas, in the case of poor sweepers, watchmen and others, though sufficient number of posts of basic service have been sanctioned and many remained vacant, Government have taken a tough stand, that the appointment of such basic servants is not through Employment Exchange, not, as per communal roster, etc. and therefore cannot be regularised. When the Government have relaxed the rules relating to method of recruitment, communal roster, etc. in the case of Vocational Teachers appointed by the Parent Teachers Association, there is no reason as to why the same yardstick is not applied to the case of poor sweepers, http://www.judis.nic.in Page No.86 of 121 W.A. Nos.1258 of 2018 etc. batch watchmen, attendant etc, who are working in the schools for a long time, on meagre wages. Argument can be advanced that sympathy should not be the criteria for regularising sweepers, watchmen and attendants, appointed by the Parent Teachers Association, then why did the Government issued orders in G.O.Ms.No.35, School Education Department, dated 09.02.2007 only for teachers and why would the Government raise, issues of not appointing the sweepers, watchmen and attendants, only for the above reasons. Is there is not an arbitrariness and discrimination between teachers and poor basic servants ? When teachers appointed by the Parent Teachers Association, can be accommodated against the sanctioned vacant posts, whether the Government is right in beheading the sweepers, workmen and attendants working in the schools for many years and make them jobless and suffer. When 5000 posts in basic service have been sanctioned, similar to the case of Vocational Teachers, Government could have very well considered the appointment of serving sweepers, watchmen etc. as against the sanctioned posts, considering their length of service and meagre wages. Arbitrariness is per se apparent on the face of record.
29. On the aspect of arbitrariness, we deem it fit to consider few http://www.judis.nic.in Page No.87 of 121 W.A. Nos.1258 of 2018 etc. batch decisions: It is trite law that even a statute or rule as the case may be struck down, on the ground of manifest arbitrariness or if the classification is substantiated as irrational. In Nikesh Tarchand Shah vs. Union of India and another, reported in 2018 (11) SCC 1, the Hon'ble Supreme Court, held thus:-
"23. In so far as manifest arbitrariness is concerned, it is important to advert to the majority judgment of this Court in Shayara Bano v. Union of India and others, (2017) 9 SCC 1. The majority, in an exhaustive review of case law under Article 14, which dealt with legislation being struck down on the ground that it is manifestly arbitrary, has observed:
"87. The thread of reasonableness runs through the entire fundamental rights chapter. What is manifestly arbitrary is obviously unreasonable and being contrary to the rule of law, would violate Article
14. Further, there is an apparent contradiction in the three-Judge Bench decision in McDowell [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] when it is said that a constitutional challenge can succeed on the ground that a law is disproportionate, excessive or unreasonable, yet such challenge would fail on the very ground of the law being unreasonable, unnecessary or unwarranted. The arbitrariness doctrine when applied to legislation obviously would not involve the latter challenge but would only involve a law being disproportionate, excessive or otherwise being manifestly unreasonable. All the aforesaid grounds, therefore, do not seek to differentiate between State action in its various forms, all of which are interdicted if they fall foul of the fundamental rights guaranteed to persons and citizens in Part III of the Constitution.
***
101. It will be noticed that a Constitution Bench of this Court in http://www.judis.nic.in Page No.88 of 121 W.A. Nos.1258 of 2018 etc. batch Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India [Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641 : 1985 SCC (Tax) 121] stated that it was settled law that subordinate legislation can be challenged on any of the grounds available for challenge against plenary legislation. This being the case, there is no rational distinction between the two types of legislation when it comes to this ground of challenge under Article 14. The test of manifest arbitrariness, therefore, as laid down in the aforesaid judgments would apply to invalidate legislation as well as subordinate legislation under Article 14. Manifest arbitrariness, therefore, must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. We are, therefore, of the view that arbitrariness in the sense of manifest arbitrariness as pointed out by us above would apply to negate legislation as well under Article 14.
This view of the law by two learned Judges of this Court was concurred with by Kurian, J. in paragraph 5 of his judgment."
30. In Kumari Shrilekha Vidyarthi and Others vs. State of U.P. and Others, reported in (1991) 1 SCC 212, the Hon'ble Supreme Court on the aspect of arbitrariness in appointment to the office of Public Prosecutor/Law Officers, held as follows:
"35. It is now too well-settled that every State action, in order to survive, must not be susceptible to the vice of arbitrariness which is the crux of Article 14 of the Constitution and basic to the rule of law, the system which governs us. Arbitrariness is the very negation of the rule of law. Satisfaction of this basic test in every State action is sine qua http://www.judis.nic.in Page No.89 of 121 W.A. Nos.1258 of 2018 etc. batch lion to its validity and in this respect, the State cannot claim comparison with a private individual even in the field of contract. This distinction between the State and a private individual in the field of contract has to be borne in the mind.
36. The meaning and true import of arbitrariness is more easily visualized than precisely stated or defined. The question, whether an impugned act is arbitrary or not, is ultimately to be answered on the facts and in the circumstances of a given case. An obvious test to apply is to see whether there is any discernible principle emerging from the impugned act and if so, does it satisfy the test of reasonableness. Where a mode is prescribed for doing an act and there is no impediment in following that procedure, performance of the act otherwise and in a manner which does not disclose any discernible principle which is reasonable, may itself attract the vice of arbitrariness. Every State action must be informed by reason and it follows that an act uninformed by reason, is arbitrary. Rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom the governance is entrusted for the time being. It is trite that be you ever so high, the laws are above you'. This is what men in power must remember, always.
37. Almost a quarter century back, this Court in S.G. Jaisinghani v. Union of India and Ors., [1967] 2 SCR 703, at p. 7 18-19, indicated the test of arbitrariness and the pit- falls to be avoided in all State actions to prevent that vice, in a passage as under:
"In this context it is important to emphasize that the absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed http://www.judis.nic.in Page No.90 of 121 W.A. Nos.1258 of 2018 etc. batch by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. The rule of law from this point of view means that decisions should be made by the application of known principles and rules and, in general, such decisions should be predictable and the citizen should know where he is. If a decision is taken without any principle or without any rule it is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law. (See Dicey--"Law of the Constitution"-Tenth Edn., Introduction cx). "Law has reached its finest moments", stated Douglas, J. in United States v. Wunderlick, (*), "when it has freed man from the unlimited discretion of some ruler ... Where discretion is absolute, man has always suffered". It is in this sense that the rule of law may be said to be the sworn enemy of caprice. Discretion, as Lord Mansfield stated it in classic terms in the case of John Wilker (*), "means sound discretion guided by law. It must be governed by rule, not humour: it must not be arbitrary, vague and fanciful."
38. After Jaisinghani's case (supra), long strides have been taken in several well-known decisions of this Court expanding the scope of judicial review in such matters. It has been emphasized time and again that arbitrariness is anathema to State action in every sphere and wherever the vice percolates, this Court would not be impeded by technicalities to trace it and strike it down. This is the surest way to ensure the majesty of rule of law guaranteed by the Constitution of India. It is, therefore, obvious that irrespective http://www.judis.nic.in Page No.91 of 121 W.A. Nos.1258 of 2018 etc. batch of the nature of appointment of the Government Counsel in the districts in the State of U.P. and the security of tenure being even minimal as claimed by the State, the impugned circular, in order to survive, must withstand the attack of arbitrariness and be supported as an informed decision which is reasonable.
39. No doubt, it is for the person alleging arbitrariness who has to prove it. This can be done by showing in the first instance that the impugned State action is uninformed by reason inasmuch as there is no discernible principle on which it is based or it is Contrary to the prescribed mode of exercise of the power or is unreasonable. If this is shown, then the burden is shifted to the State to repel the attack by disclosing the material and reasons which led to the action being taken in order to show that it was an informed decision Which was reasonable. If after a prima facie case of arbitrariness is made out, the State is unable to show that the decision is an informed action which is reasonable, the State action must perish as arbitrary."
31. In Secretary to Government, School Education Department, Chennai vs. R.Govindaswamy and others, reported in (2014) 4 SCC 769, the Hon'ble Supreme Court, ordered hereunder:-
5. The issue involved here remains restricted as to whether the services of the part-time sweepers could have been directed by the High Court to be regularised. The issue is no more res integra.
6. In State of Karnataka & Ors v. Umadevi & Ors., AIR 2006 SC 1806, this Court held as under:
http://www.judis.nic.in Page No.92 of 121 W.A. Nos.1258 of 2018 etc. batch “There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitment rules.”
7. In Union of India v. A.S. Pillai [(2010) 13 SCC 448 :
(2011) 1 SCC (L&S) 399] this Court dealt with the issue of regularisation of part-time employees and the Court refused the relief on the ground that part-timers are free to get themselves engaged elsewhere and they are not restrained from working elsewhere when they are not working for the authority/employer.
Being the part-time employees, they are not subject to service rules or other regulations which govern and control the regularly appointed staff of the department. Therefore, the question of giving them equal pay for equal work or considering their case for regularisation would not arise.
8. This Court in State of Rajasthan v. Daya Lal [State of Rajasthan v. Daya Lal, (2011) 2 SCC 429 : (2011) 1 SCC (L&S) 340 : AIR 2011 SC 1193] has considered the scope of regularisation of irregular or part-time appointments in all possible eventualities and laid down well-settled principles relating to regularisation and parity in pay relevant in the context of the issues involved therein. The same are as under: (SCC p. 435, para 12) “(i) The High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularisation, http://www.judis.nic.in Page No.93 of 121 W.A. Nos.1258 of 2018 etc. batch absorption or permanent continuance, unless the employees claiming regularisation had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. The equality clause contained in Articles 14 and 16 should be scrupulously followed and Courts should not issue a direction for regularisation of services of an employee which would be violative of the constitutional scheme. While something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the root of the process, can be regularised, back door entries, appointments contrary to the constitutional scheme and/or appointment of ineligible candidates cannot be regularised.
(ii) Mere continuation of service by a temporary or ad hoc or daily-wage employee, under cover of some interim orders of the court, would not confer upon him any right to be absorbed into service, as such service would be ‘litigious employment’. Even temporary, ad hoc or daily-wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularisation, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularisation in the absence of a legal right.
(iii) Even where a scheme is formulated for regularisation with a cut-off date (that is a scheme providing that persons who had put in a specified number of years of service and continuing in employment as on the cut-off date), it is not possible to others who were appointed subsequent to the cut-off date, to claim or contend that the scheme should be applied to them by extending the cut-off date or seek a direction for framing of fresh schemes providing for successive cut-off dates.
(iv) Part-time employees are not entitled to seek regularisation as they are not working against any sanctioned posts.
http://www.judis.nic.in Page No.94 of 121 W.A. Nos.1258 of 2018 etc. batch There cannot be a direction for absorption, regularisation or permanent continuance of part-time temporary employees.
(v) Part-time temporary employees in government-run institutions cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work. Nor can employees in private employment, even if serving full time, seek parity in salary with government employees. The right to claim a particular salary against the State must arise under a contract or under a statute.” (emphasis supplied)
9. The present appeals are squarely covered by Clauses (ii),
(iv) and (v) of the aforesaid judgment in Daya Lal Case [State of Rajasthan v. Daya Lal, (2011) 2 SCC 429 : (2011) 1 SCC (L&S) 340 : AIR 2011 SC 1193] . Therefore, the appeals are allowed. However, in light of the facts and circumstances of the case as Shri P.P. Rao, learned Senior Counsel has submitted that the appellant has already implemented the impugned judgments and does not want to disturb the services of the respondents, the services of the respondents which stood regularised should not be affected.
10. With the aforesaid observations, the appeals stand disposed of accordingly. No order as to costs."
32. Govindaswamy's and Singamuthu's cases relied on by the learned Special Government Pleader, relate to part time employees. Para 43 of the judgment in Secretary, State of Karnataka vs. Umadevi and others reported in (2006) 4 SCC 1, relied on by the learned Special Government Pleader, is reproduced.
"43. Thus, it is clear that adherence to the rule of equality in public employment is a basic feature of our Constitution and http://www.judis.nic.in Page No.95 of 121 W.A. Nos.1258 of 2018 etc. batch since the rule of law is the core of our Constitution, a Court would certainly be disabled from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to comply with the requirements of Article 14 read with Article 16 of the Constitution. Therefore, consistent with the scheme for public employment, this Court while laying down the law, has necessarily to hold that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. If it is a contractual appointment, the appointment comes to an end at the end of the contract, if it were an engagement or appointment on daily wages or casual basis, the same would come to an end when it is discontinued. Similarly, a temporary employee could not claim to be made permanent on the expiry of his term of appointment. It has also to be clarified that merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection as envisaged by the relevant rules. It is not open to the court to prevent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad hoc employees who by the very nature of their appointment, do not acquire any right. High Courts acting under Article 226 of the Constitution of India, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms of the constitutional scheme. Merely because, an employee had continued under cover of an order of Court, which we have described as 'litigious employment' in the earlier part of the judgment, he would not be entitled to any right to be absorbed or made permanent in the service. In fact, in such http://www.judis.nic.in Page No.96 of 121 W.A. Nos.1258 of 2018 etc. batch cases, the High Court may not be justified in issuing interim directions, since, after all, if ultimately the employee approaching it is found entitled to relief, it may be possible for it to mould the relief in such a manner that ultimately no prejudice will be caused to him, whereas an interim direction to continue his employment would hold up the regular procedure for selection or impose on the State the burden of paying an employee who is really not required. The courts must be careful in ensuring that they do not interfere unduly with the economic arrangement of its affairs by the State or its instrumentalities or lend themselves the instruments to facilitate the bypassing of the constitutional and statutory mandates.
True that the Hon'ble Supreme Court has laid down the above principle of law in the matter of employment, but at the same time, arbitrariness in applying the same yardstick, as done in the case of Vocational Instructors, is per se apparent. We are of the view that there is yet another aspect to consider, Social Justice, which the Government is constitutionally mandated to consider. On the aspect of social justice, let us consider what the Hon'ble Supreme Court, in D.S.Nakara Vs. Union of India reported in 1983 1 SCC 305 has observed in para 33 of the judgement:
"33. Recall at this stage the Preamble, the flood light illuminating the path to be pursued by the State to set up a Sovereign Socialist Secular Democratic Republic. Expression “socialist” was intentionally introduced in the Preamble by the Constitution (Forty-second amendment) Act, 1976. In the objects and reasons for amendment amongst other things, ushering in of socio-economic revolution was promised. The clarion call may be http://www.judis.nic.in Page No.97 of 121 W.A. Nos.1258 of 2018 etc. batch extracted:
“The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution, which would end poverty and ignorance and disease and inequality of opportunity, has been engaging the active attention of Government and the public for some time....
It is, therefore, proposed to amend the Constitution to spell out expressly the high ideals of socialism ... to make the directive principles more comprehensive....” What does a Socialist Republic imply? Socialism is a much misunderstood word. Values determine contemporary socialism pure and simple. But it is not necessary at this stage to go into all its ramifications. The principal aim of a socialist State is to eliminate inequality in income and status and standards of life. The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. This is a blend of Marxism and Gandhism leaning heavily towards Gandhian socialism. During the formative years, socialism aims at providing all opportunities for pursuing the educational activity. For want of wherewithal or financial equipment the opportunity to be fully educated shall not be denied. Ordinarily, therefore, a socialist State provides for free education from primary to PhD but the pursuit must be by those who have the necessary intelligence quotient and not as in our society where a brainy young man coming from a poor family will not be able to prosecute the education for want of wherewithal while the ill equipped son or daughter of a well-to-do father will enter the portals of higher education and contribute to national wastage. After the education is completed, socialism aims at equality in pursuit of excellence in the chosen avocation without let or hindrance of caste, colour, sex or religion and with full opportunity to reach the top not thwarted by any http://www.judis.nic.in Page No.98 of 121 W.A. Nos.1258 of 2018 etc. batch considerations of status, social or otherwise. But even here the less equipped person shall be assured a decent minimum standard of life and exploitation in any form shall be eschewed. There will be equitable distribution of national cake and the worst off shall be treated in such a manner as to push them up the ladder. Then comes the old age in the life of everyone, be he a monarch or a mahatma, a worker or a pariah. The old age overtakes each one, death being the fulfilment of life providing freedom from bondage. But here socialism aims at providing an economic security to those who have rendered unto society what they were capable of doing when they were fully equipped with their mental and physical prowess. In the fall of life the State shall ensure to the citizens a reasonably decent standard of life, medical aid, freedom from want, freedom from fear and the enjoyable leisure, relieving the boredom and the humility of dependence in old age. This is what Article 41 aims when it enjoins the State to secure public assistance in old age, sickness and disablement. It was such a socialist State which the Preamble directs the centres of power — Legislative, Executive and Judiciary — to strive to set up. From a wholly feudal exploited slave society to a vibrant, throbbing socialist welfare society is a long march but during this journey to the fulfilment of goal every State action whenever taken must be directed, and must be so interpreted, as to take the society one step towards the goal."
33. In Murlidhar Dayandeo Kesekar v. Vishwanath Pandu Barde reported in 1995 Supp (2) SCC 549 at paragraphs 12 and 14 the Hon'ble Supreme Court held as follows:
“Article 21 of the Constitution assures right to life. To make right to life meaningful and effective, this Court put up expansive interpretation and brought within its ambit right to education, health, speedy trial, equal wages for equal work as fundamental rights. Articles 14, 15 and 16 prohibit discrimination http://www.judis.nic.in Page No.99 of 121 W.A. Nos.1258 of 2018 etc. batch and accord equality. The Preamble to the Constitution as a socialist republic visualises to remove economic inequalities and to provide facilities and opportunities for decent standard of living and to protect the economic interests of the weaker segments of the society, in particular, Scheduled Castes i.e. Dalits and the Scheduled Tribes i.e. Tribes and to protect them from ‘all forms of exploitations’. Many a day have come and gone after 26-1-1950 but no leaf is turned in the lives of the poor and the gap between the rich and the poor is gradually widening on the brink of being unbridgeable.
*** Providing adequate means of livelihood for all the citizens and distribution of the material resources of the community for common welfare, enable the poor, the Dalits and Tribes, to fulfil the basic needs to bring about a fundamental change in the structure of the Indian society which was divided by erecting impregnable walls of separation between the people on grounds of caste, sub-caste, creed, religion, race, language and sex. Equality of opportunity and status thereby would become the bedrocks for social integration. Economic empowerment thereby is the foundation to make equality of status, dignity of person and equal opportunity a truism. The core of the commitment of the Constitution to the social revolution through rule of law lies in effectuation of the fundamental rights and directive principles as supplementary and complementary to each other. The Preamble, fundamental rights and directive principles — the trinity — are the conscience of the Constitution. Political democracy has to be stable. Socio-economic democracy must take strong roots and should become a way of life. The State, therefore, is enjoined to provide http://www.judis.nic.in Page No.100 of 121 W.A. Nos.1258 of 2018 etc. batch adequate means of livelihood to the poor, weaker sections of the society, the Dalits and Tribes and to distribute material resources of the community to them for common welfare etc.”
34. In Consumer Education & Research Centre v. Union of India, (1995) 3 SCC 42 Hon'ble Supreme Court in paragraphs 18 and 19 held as follows:
"18. The Preamble and Article 38 of the Constitution of India — the supreme law, envisions social justice as its arch to ensure life to be meaningful and liveable with human dignity. Jurisprudence is the eye of the law giving an insight into the environment of which it is the expression. It relates the law to the spirit of the time and makes it richer. Law is the ultimate aim of every civilised society, as a key system in a given era, to meet the needs and demands of its time. Justice, according to law, comprehends social urge and commitment. The Constitution commands justice, liberty, equality and fraternity as supreme values to usher in the egalitarian social, economic and political democracy. Social justice, equality and dignity of person are cornerstones of social democracy. The concept “social justice”, which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development of personality of every citizen. “Social justice” is thus an integral part of ‘justice’ in the generic sense. Justice is the genus, of which social justice is one of its species. Social justice is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relieve the poor etc. from handicaps, penury to ward off distress and to make their life liveable, for greater good of the society at http://www.judis.nic.in Page No.101 of 121 W.A. Nos.1258 of 2018 etc. batch large. In other words, the aim of social justice is to attain substantial degree of social, economic and political equality, which is the legitimate expectation. Social security, just and humane conditions of work and leisure to workman are part of his meaningful right to life and to achieve self-expression of his personality and to enjoy the life with dignity; the State should provide facilities and opportunities to enable them to reach at least minimum standard of health, economic security and civilised living while sharing according to their capacity, social and cultural heritage.
19. In a developing society like ours steeped with unbridgeable and ever-widening gaps of inequality in status and of opportunity, law is catalyst, rubicon to the poor etc. to reach the ladder of social justice. Justice K. Subba Rao, the former Chief Justice of this Court, in his Social Justice and Law at page 2, had stated that: “Social justice is one of the disciplines of justice and the discipline of justice relates to the society.” What is due cannot be ascertained by absolute standard which keeps changing depending upon the time, place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor etc. are languishing and to secure dignity of their person. The Constitution, therefore, mandates the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enliven practical content of ‘life’. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in results. "
35. In R.Chandevarappa v. State of Karnataka reported in (1995) 6 SCC 309 at paras 8 to 10, the Hon'ble Supreme Court held as follows:
http://www.judis.nic.in Page No.102 of 121 W.A. Nos.1258 of 2018 etc. batch “8.In fact, the cumulative effect of social and economic legislation is to specify the basic structure. Moreover, the social system shapes the wants and aspirations that its citizens come to have. It determines in part the sort of persons they want to be as well as the sort of persons they are. Thus an economic system is not only an institutional device for satisfying existing wants and needs but a way of creating and fashioning wants in the future. The economic empowerment, therefore, to the poor, dalits and tribes as an integral constitutional scheme of socio-
economic democracy is a way of life of political democracy. Economic empowerment is, therefore, a basic human right and a fundamental right as part of right to live, equality and of status and dignity to the poor, weaker sections, dalits and tribes.’ The prohibition from alienation is to effectuate the constitutional policy of economic empowerment under Articles 14, 21, 38, 39 and 46 read with the Preamble of the Constitution. Accordingly it was held that refusal to permit alienation is to effectuate the constitutional policy. The alienation was declared to be void under Section 23 of the Contract Act being violative of the constitutional scheme of economic empowerment to accord equality of status, dignity of persons and economic empowerment.”
9. It was further held that providing adequate means of livelihood for all the citizens and the distribution of the material resources of the community for common welfare, enable the poor, the Dalits and the Tribes, to fulfil the basic needs to bring about the fundamental change in the structure of the Indian society. Equality of opportunity and status would thereby become the bedrocks for social integration.
Economic empowerment is, therefore, a basic human right and fundamental right as a part of right to life to http://www.judis.nic.in Page No.103 of 121 W.A. Nos.1258 of 2018 etc. batch make political democracy stable. Socio-economic democracy would then take strong roots and become a way of life. The State, therefore, is enjoined to provide adequate means of livelihood to the poor and weaker sections of the society, the Dalits and the Tribes and distribute material resources of the community to them for common welfare. Justice is an attribute of human conduct and rule of law is an indispensable foundation to establish socio-economic justice. The doctrine of political economy must include interpretation for the public good which is based on justice that would guide the people when questions of economic and social policy are under consideration.
10. It is now settled policy of the Government as enjoined under Article 46 of the Constitution and the Directive Principles, particularly Articles 38 and 39(b) and the Preamble of the Constitution that economic and social justice requires to be done to the weaker sections of the society, in particular to the Scheduled Castes and Scheduled Tribes and to prevent them from social injustice and prevention of all forms of exploitation. In the light of that constitutional objective of economic empowerment, the Government have rightly taken the policy to assign the lease either to a Cooperative Society composed of the Scheduled Castes or individual members of the Scheduled Tribes, as the case may be, in accordance with their policy then in vogue at the rate of Rs 20 per acre or 90 times the land revenue, whichever is less. Under these circumstances, the appellants having been inducted into possession reclaimed the land and remained in possession after the expiry of the lease, the Government is required to regularize their possession and assign the lands in their possession in accordance with its policy. The appellants, therefore, are directed to make necessary application within four weeks from today to the competent authority and the authorities are directed to regularise their possession imposing necessary conditions for their continuance in possession and enjoyment of the same in the light of the constitutional objective of rendering them socio-economic justice, putting restrictions on http://www.judis.nic.in Page No.104 of 121 W.A. Nos.1258 of 2018 etc. batch sub-letting or selling, all the relevant conditions in that behalf may be imposed so that they remain in possession and enjoy the same to improve their social and economic status as enjoined under the Constitution. The authorities also are directed to dispose of the applications within a period of two months from the date of the receipt of the same. The appellants shall remain in possession until the regularisation is done and shall enjoy the lands without any sub-letting or alienation thereof. "
36. In Dalmia Cement (Bharat) Ltd. v. Union of India, (1996) 10 SCC 104 the Hon'ble Supreme Court in paragraphs 13 and 14 held as follows:
"13. Social justice is the comprehensive form to remove social imbalances by law harmonising the rival claims or the interests of different groups and/or sections in the social structure or individuals by means of which alone it would be possible to build up a welfare State. The ideal of economic justice is to make equality of status meaningful and life worth living at its best removing inequality of opportunity and of status — social, economic and political.
14. The content, ambit and interplay of justice and social justice was elucidated in Consumer Education & Research Centre v. Union of India [(1995) 3 SCC 42 : 1995 SCC (L&S) 604] by a Bench of three Judges of this Court in paragraph 18 at page 67. The Court observed that the Constitution is the supreme law envisaging social justice as its arch to ensure life to everyone to be meaningful and livable with human dignity. Jurisprudence is the eye of law giving an insight into the environment of which it is the expression. It related the law to the spirit of the time and makes it richer. Law is the ultimate aim of every civilised society, as a key system in a given era, to meet the needs and demands of its time. Justice, according to law, comprehends social urge and commitment.
http://www.judis.nic.in Page No.105 of 121 W.A. Nos.1258 of 2018 etc. batch Justice, liberty, equality and fraternity are supreme constitutional values to establish the egalitarian social, economic and political democracy. Social justice, equality and dignity of person are cornerstones of social democracy. Social justice consists of diverse principles essential for the orderly growth and development of personality of every citizen. Justice is the generic term and social justice is its facet, dynamic device to mitigate the sufferings of the disadvantaged and to eliminate handicaps so as to elevate them to the level of equality to live life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relieve the poor etc. from handicaps, penury, to ward them off from distress and to make their lives livable for greater good of the society at large. Social justice, therefore, gives substantial degree of social, economic and political equality, which is the constitutional right of every citizen. In paragraph 19, it is further elaborated that social justice is one of the disciplines of justice which relates to the society. What is due cannot be ascertained by an absolute standard which keeps changing depending upon the time, place and circumstances. The constitutional concern of social justice, as an elastic continuous process, is to transform and accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor etc. are languishing. It aims to secure dignity of their person. It is the duty of the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enlivens the practical content of life. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in result. Article 1 of the Universal Declaration of Human Rights envisions that all human beings are born free and equal in dignity and rights and each should act towards one another in a spirit of brotherhood. In that case the question was whether right to social security is a http://www.judis.nic.in Page No.106 of 121 W.A. Nos.1258 of 2018 etc. batch fundamental right of workman? To make the life of the workman worth living with health, it was held that right to health is a fundamental right and it is the duty of the State and the employer to provide facilities and opportunities for ensuring sustained good health and leisure to the workman as a facet of right to life under Article 21."
37. In Panchayat Varga Sharmajivi Samudaik Sahakari Khedut Coop. Society v. Haribhai Mevabhai, (1996) 10 SCC 320 in paragraph 9 the Hon'ble Supreme Court held as follows:
"9. A Bench of three Judges of this Court in Consumer Education & Research Centre v. Union of India [(1995) 3 SCC 42 : 1995 SCC (L&S) 604] held that social justice is the arch of the Constitution to ensure life to everyone to be meaningful and liveable with human dignity. Jurisprudence is the eye of law giving an insight into the environment of which it is the expression. It relates the law to the spirit of the time and makes it richer. Law is the ultimate aim of every civilised society, as a key system in a given era, to meet the needs and demands of its time. Justice, according to law, comprehends social urge and commitment. Justice, liberty, equality and fraternity are supreme constitutional values to establish the egalitarian social, economic and political democracy. Social justice, equality and dignity of person are cornerstones of social democracy. Social justice consists of diverse principles essential for the orderly growth and development of personality of every citizen. Justice is the generic term and social justice is its facet, a dynamic device to mitigate the sufferings of the disadvantaged and to eliminate handicaps so as to elevate them to the level of equality to live life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relieve the poor etc. from handicaps, penury, to ward them off from distress and to make http://www.judis.nic.in Page No.107 of 121 W.A. Nos.1258 of 2018 etc. batch their lives liveable for greater good of the society at large. Social justice, therefore, gives substantial degree of social, economic and political equality, which is the constitutional right of every citizen. In para 19, it was further elaborated that social justice is one of the disciplines of justice which relates to the society. What is due cannot be ascertained by an absolute standard which keeps changing depending upon the time, place and circumstances. The constitutional concern of social justice, as an elastic continuous process, is to transform and accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor etc. are languishing. It aims to secure dignity of their person. It is the duty of the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enliven practical content of life. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in result. Article 1 of the Universal Declaration of Human Rights envisions that all human beings are born free and equal in dignity and rights and each should act towards one another in a spirit of brotherhood. In that case the question was whether right to social security is a fundamental right of a workman? To make the life of the workman worth living with health, right to health was held to be a fundamental right and it is the duty of the State and the employer to provide facilities and opportunities for ensuring sustained good health and leisure to the workman as a facet of right to life under Article 21. "
38. In Tara Chand Vyas v. Chairman & Disciplinary Authority, (1997) 4 SCC 565 the Hon'ble Supreme Court held in paragraph 2 has held as under:
"2. Economic empowerment is a fundamental right http://www.judis.nic.in Page No.108 of 121 W.A. Nos.1258 of 2018 etc. batch of the weaker sections of the people, in particular the Scheduled Castes and Scheduled Tribes, ensured under Article 46 as a part of social and economic justice envisaged in the Preamble of the Constitution; the State is enjoined to promote their welfare effectuated under Article 38. Distribution of material resources to elongate that purpose envisaged in Article 39(b) is the means for the development of the weaker sections. The banking business and services were nationalised to achieve the above objects. The nationalised banks, therefore, are the prime sources and pillars for establishment of socio- economic justice for the weaker sections. The employees and officers working in the banks are not merely the trustees of the society, but also bear responsibility and owe duty to the society for effectuation of socio- economic empowerment. Their acts and conduct should be in discharge of that constitutional objective and if they derelict in the performance of their duty, it impinges upon the enforcement of the constitutional philosophy, objective and the goals under the rule of law. Corruption has taken deep roots among the sections of the society and the employees holding public office or responsibility equally became amenable to corrupt conduct in the discharge of their official duty for illegal gratification. The banking business and services are also vitally affected by catastrophic corruption. Disciplinary measures should, therefore, aim to eradicate the corrupt proclivity of conduct on the part of the employees/officers in the public offices including those in banks. It would, therefore, be necessary to consider, from this perspective, the need for disciplinary action to eradicate corruption to properly channelise the use of the public funds, the live wire for effectuation of socio- economic justice in order to achieve the constitutional goals set down in the Preamble and to see that the corrupt conduct of the officers does not degenerate the efficiency of service leading to denationalisation of the banking system. What is more, the nationalisation of the banking service was done in the public interest. Every employee/officer in the bank should strive to see that banking operations or services are rendered in the best interest of the system and the society so as to effectuate http://www.judis.nic.in Page No.109 of 121 W.A. Nos.1258 of 2018 etc. batch the object of nationalisation. Any conduct that damages, destroys, defeats or tends to defeat the said purposes resultantly defeats or tends to defeat the constitutional objectives which can be meted out with disciplinary action in accordance with rules lest rectitude in public service is lost and service becomes a means and source of unjust enrichment at the cost of the society. "
39. In Ashok Kumar Gupta v. State of U.P., (1997) 5 SCC 201 the Hon'ble Supreme Court held in paragraphs 25, 26, 37 and 51 as follows:
"25. In Consumer Education & Research Centre v. Union of India [(1995) 3 SCC 42 : 1995 SCC (L&S) 604] and Air India Statutory Corpn. v. United Labour Union [(1997) 9 SCC 377 : (1996) 9 Scale 70] and Dalmia Cement (Bharat) Ltd. v. Union of India [(1996) 10 SCC 104 : JT (1996) 4 SC 555] social justice was held by the three- Judge Benches to be a fundamental right approving the view taken in C.E.S.C. Ltd. v. Subhash Chandra Bose [(1992) 1 SCC 441 : 1992 SCC (L&S) 313] . In Murlidhar Dayandeo Kesekar v. Vishwanath Pandu Barde [1995 Supp (2) SCC 549] ; R. Chandevarappa v. State of Karnataka [(1995) 6 SCC 309] and Papaiah v. State of Karnataka [(1996) 10 SCC 533] right to economic empowerment was held by the two- Judge Benches of this Court to be a fundamental right.
26. It is now settled legal position that social justice is a fundamental right and equally economic empowerment is a fundamental right to the disadvantaged. Article 51-A(j) enjoins that it shall be the duty of every citizen to strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavour and achievement. Equality of status and dignity of the individual will be secured when the employees belonging to Dalits and Tribes are given an opportunity of appointment by promotion in higher echelons of service so that they will have opportunity to strive towards excellence individually and collectively with other http://www.judis.nic.in Page No.110 of 121 W.A. Nos.1258 of 2018 etc. batch employees in improving the efficiency of administration. Equally they get the opportunity to improve their efficiency and opportunity to hold offices of responsibility at hierarchical levels.
*****
37. Pandit Jawaharlal Nehru, the first Prime Minister of India in his “Independence and After That” (Collection of Speeches 1946-49) Publication Division, Government of India [1949 Edn.] at p. 28, has stated that “social equality in the widest sense and equality of opportunity for everyone, every man and woman must have the opportunity to develop to the best of his or her ability. However, merit must come from ability and hard work and not because of caste or birth or riches”. This was followed in Air India Statutory Corpn. case [(1997) 9 SCC 377 : (1996) 9 Scale 70] in para 53 (SCC p. 428, para
53) where it was held that:
“Social equality would develop the sense of fraternity among the members of a social group where each would consider the other as his equal, not higher or lower. A society, which does not treat each of its members as equals, forfeits its right of being called a democracy. All are equal partners in the freedom. Everyone of our ninety-four hundred million people must have equal right to opportunities and blessings that freedom of India has to offer. To bring freedom in a comprehensive sense to the common man, material resources and opportunity for appointment be made available to secure socio-economic empowerment which would ensure justice and fullness of life to workmen, i.e., every man and woman.” In para 43 (SCC p. 419, para 43), it was held that:
“In a developing society like ours, steeped with unbridgeable and ever-widening gaps of inequality in status and of opportunity, law is a catalyst, rubicon to the poor etc. to reach the ladder of social justice. What is due cannot be ascertained by an absolute standard which keeps changing, depending upon the time, http://www.judis.nic.in Page No.111 of 121 W.A. Nos.1258 of 2018 etc. batch place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor, the workmen etc. are languishing and to secure dignity of their person. The Constitution, therefore, mandates the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enlivens the practical content of life. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in results.” *****
51. Therefore, it is but the duty of the Court to supply vitality, blood and flesh, to balance the competing rights by interpreting the principles, to the language or the words contained in the living and organic Constitution, broadly and liberally. The judicial function of the Court, thereby, is to build up, by judicial statesmanship and judicial review, smooth social change under rule of law with a continuity of the past to meet the dominant needs and aspirations of the present. This Court, as sentinel on the qui vive, has been invested with more freedom, in the interpretation of the Constitution than in the interpretation of other laws. This Court, therefore, is not bound to accept an interpretation which retards the progress or impedes social integration; it adopts such interpretation which would bring about the ideals set down in the Preamble of the Constitution aided by Part III and Part IV — a truism meaningful and a living reality to all sections of the society as a whole by making available the rights to social justice and economic empowerment to the weaker sections, and by preventing injustice to them. Protective discrimination is an armour to realise distributive justice. Keeping the above perspective in the backdrop of our consideration, let us broach whether the rights of the employees belonging to http://www.judis.nic.in Page No.112 of 121 W.A. Nos.1258 of 2018 etc. batch the general (sic reserved) category are violative of Article 14; inconsistent with and derogatory to the right to equality and are void ab initio. "
40. In Air India Statutory Corpn. v. United Labour Union, (1997) 9 SCC 377 the Hon'ble Supreme Court in paragraph 42 and 43 held as follows:
"42. The Preamble and Article 38 of the Constitution envision social justice as the arch to ensure life to be meaningful and liveable with human dignity. Jurisprudence is the eye of law giving an insight into the environment of which it is the expression. It relates the law to the spirit of the time and makes it richer. Law is the ultimate aim of every civilised society, as a key system in a given era, to meet the needs and demands of its time. Justice, according to law, comprehends social urge and commitment. The Constitution commands justice, liberty, equality and fraternity as supreme values to usher in the egalitarian social, economic and political democracy. Social justice, equality and dignity of person are cornerstones of social democracy. The concept of “social justice” which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development of personality of every citizen. “Social justice” is thus an integral part of justice in the generic sense. Justice is the genus, of which social justice is one of its species. Social justice is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relieve the poor etc. from handicaps, penury to ward off distress and to make their life liveable, for greater good of the society at large. In other words, the aim of social justice is to attain substantial degree of social, economic and political equality, which is the legitimate expectation and http://www.judis.nic.in Page No.113 of 121 W.A. Nos.1258 of 2018 etc. batch constitutional goal. Social security, just and humane conditions of work and leisure to workman are part of his meaningful right to life and to achieve self- expression of his personality and to enjoy the life with dignity. The State should provide facility and opportunities to enable them to reach at least minimum standard of health, economic security and civilised living while sharing according to their capacity, social and cultural heritage.
43. In a developing society like ours, steeped with unbridgeable and ever-widening gaps of inequality in status and of opportunity, law is a catalyst, rubicon to the poor etc. to reach the ladder of social justice. What is due cannot be ascertained by an absolute standard which keeps changing, depending upon the time, place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor, the workmen etc. are languishing and to secure dignity of their person. The Constitution, therefore, mandates the State to accord justice to all members of the society in all facets of human activity. The concept of social justice embeds equality to flavour and enliven the practical content of life. Social justice and equality are complementary to each other so that both should maintain their vitality. Rule of law, therefore, is a potent instrument of social justice to bring about equality in results. It was accordingly held that right to social justice and right to health are Fundamental Rights. The management was directed to provide health insurance during service and at least 15 years after retirement and periodical tests for protecting the health of the workmen. "
41. The Hon'ble Supreme Court in Balbir Kaur v. SAIL, reported in (2000) 6 SCC 493 in paragraph 19 has held as follows:
"19. .......The concept of social justice is the http://www.judis.nic.in Page No.114 of 121 W.A. Nos.1258 of 2018 etc. batch yardstick to the justice administration system or the legal justice and as Roscoe Pound pointed out the greatest virtue of law is in its adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the law depending upon the situation since the law is made for the society and whatever is beneficial for the society, the endeavour of the law court would be to administer justice having due regard in that direction. "
42. In Union of India v. Pushpa Rani, (2008) 9 SCC 242 in paragraph 39 the Hon'ble Supreme Court held as follows:
"39. The framers of the Constitution were very much conscious and aware of the widespread inequalities and disparities in the social fabric of the country as also of the gulf between rich and poor and this is the reason why the goal of justice'social, political and economic was given the place of pre-eminence in the Preamble. The concept of equality enshrined in Part III and Part IV of the Constitution has two different dimensions. It embodies the principle of non-discrimination [Articles 14, 15(1), (2) and 16(2)]. At the same time it obligates the State to take affirmative action for ensuring that unequals (downtrodden, oppressed and have-nots) in the society are brought at a level where they can compete with others (haves of the society) [Articles 15(3), (4), (5), 16(4), (4-A), (4-B), 39, 39-A and 41]. "
43. In Jharkhand v. Harihar Yadav, (2014) 2 SCC 114 the Hon'ble Supreme Court in paras 15, 16 and 52 held as follows:
"15. We have referred to the aforesaid authorities to highlight the concept of social justice, dignity of living and the role of the judiciary. The court is bound to respond within the constitutional framework. In this context, the Preamble of the Constitution becomes extremely significant. The Preamble uses the words “social justice” while speaking of “Justice—social, economic and political”. Thus, social facet and the economic aspect are the ideal goal of the http://www.judis.nic.in Page No.115 of 121 W.A. Nos.1258 of 2018 etc. batch welfare State. The Constitution casts a responsibility on the State to sustain social and economic security, for the Preamble is the floodlight illuminating the path to be persuaded by the State to set up a sovereign, socialist, secular, democratic republic. (See D.S. Nakara [D.S. Nakara v. Union of India, (1983) 1 SCC 305 :
1983 SCC (L&S) 145] .)
16. It is the duty of the Court to see that the philosophy which is ingrained in our Constitution is not atrophied by the State paving a path of deviancy. The employer, within the meaning of Article 12 of the Constitution has a sacrosanct duty to act in terms of the sacred objectives of social and economic justice. In this context, we may fruitfully reproduce a passage from Balbir Kaur v. SAIL [(2000) 6 SCC 493 : 2000 SCC (L&S) 767] : (SCC p. 504, para 19) “19. … The concept of social justice is the yardstick to the justice administration system or the legal justice and as Roscoe Pound pointed out the greatest virtue of law is in its adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the law depending upon the situation since the law is made for the society and whatever is beneficial for the society, the endeavour of the law court would be to administer justice having due regard in that direction.”
52. Having regard to the position that has emerged, we are compelled to dwell upon the role of the State as a model employer. In Som Prakash Rekhi v. Union of India [(1981) 1 SCC 449 : 1981 SCC (L&S) 200] Krishna Iyer, J. has stated thus: (SCC pp. 484-85, para 70) “70. Social justice is the conscience of our Constitution, the State is the promoter of economic justice, the founding faith which sustains the Constitution and the country is Indian humanity. The public sector is a model employer with a social conscience not an artificial person without soul to be damned or http://www.judis.nic.in Page No.116 of 121 W.A. Nos.1258 of 2018 etc. batch body to be burnt.”"
44. In National Legal Services Authority v. Union of India, (2014) 5 SCC 438 the Hon'ble Supreme Court in paragraph 131 held as follow:
"131.The rule of law is not merely public order. The rule of law is social justice based on public order. The law exists to ensure proper social life. Social life, however, is not a goal in itself but a means to allow the individual to live in dignity and development himself. The human being and human rights underlie this substantive perception of the rule of law, with a proper balance among the different rights and between human rights and the proper needs of society. The substantive rule of law “is the rule of proper law, which balances the needs of society and the individual”. This is the rule of law that strikes a balance between society's need for political independence, social equality, economic development, and internal order, on the one hand, and the needs of the individual, his personal liberty, and his human dignity on the other. It is the duty of the Court to protect this rich concept of the rule of law. "
45. Inasmuch as 5014 posts have already been sanctioned, contention that the Parent Teachers Association, have appointed sweepers, attendants and watchmen etc., against, not sanctioned posts cannot be accepted. At this juncture, it is to be noted that the Government have not filled up those posts. Even taking for granted that the sweepers, watchmen and attendants have not been appointed by the method contemplated, having sanctioned full time posts of basic service, Government could have very well applied the http://www.judis.nic.in Page No.117 of 121 W.A. Nos.1258 of 2018 etc. batch same yardstick, as done in the case of Vocational Instructors, who were appointed by the Parent Teachers Association, to the case of sweepers, watchmen and attendants post, required to be filled up. In view of the contention that 5014, have been sanctioned, in basic service, Government cannot contend that there were no sanctioned posts. It is the case of the government, that there was a stay, in filling up the posts and only in G.O. (Ms) No.47 School Education (R1) Department dated 2.3.2012, government have stated that in view of creation of 5000 posts in basic service, in schools, 5014 basic service posts, already sanctioned, have been surrendered. Therefore, it cannot be contended that the appointment of the respondents as sweepers, watchmen etc. were part time. Such contention goes contrary to the surrender of 5014 posts and creation of 5000 posts.
46. When the Government have issued G.O.Ms.No.35, School Education Department, dated 09.02.2007, appointing vocational teachers, in the vacant posts of vocational teachers, why would the Government having regard to the principle of social justice as explained by the Hon'ble Supreme Court in the decisions considered supra, take a stand that the Government would not regularise the services of sweepers, watchmen, attendants and others in basic service.
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47. Are they not poor, marginalised in society ? Served for long years of service with meagre salary, and how they can be discriminated ? Present Government which claims that they are following the mandate of the former Hon'ble Chief Minister has not explained in clear terms, as to why the sweepers, watchmen, attendants vis-a-vis teachers appointed by the Parent Teachers Association, should be discriminated.
48. Being a welfare State, to achieve the constitutional goals of Justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the Nation, Government cannot discriminate sweepers, watchmen and other basic servants, for appointment, as against the sanctioned full time posts, in basic service.
49. Appellants have a duty to consider the grievance of the serving sweepers, watchmen, etc. working for a long time in schools, with their knowledge, by granting exemption from the applicability of http://www.judis.nic.in Page No.119 of 121 W.A. Nos.1258 of 2018 etc. batch the rules such as mode of recruitment, communal roster etc. as done in the case of Vocational Teachers, appointed by the Parents Teacher Association and appoint them in the sanctioned non-teaching posts on completion of 10 years of service, by applying G.O. Ms. No.47 School Education (R1) Department, dated 2.3.2012 and the said exercise, shall be completed within two months from today. With the above directions, all the writ appeals and WASRs are dismissed. No costs.
Consequently, the connected civil miscellaneous petitions are closed.
[S.M.K., J.] [S.P., J.]
13.09.2019
Index : Yes
Internet : Yes
Speaking/Non-speaking order
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http://www.judis.nic.in
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S. MANIKUMAR, J.
AND
SUBRAMONIUM PRASAD, J.
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W.A.Nos.1258, 2515, 2879, 2880, 2881, 2882, 2883, 2884 of 2018, 3/2019, 730 & 731/2018, 8, 84, 85, 86, 87, 89, 90, 91, 93 of 2019 and 957 of 2018 and C.M.P.Nos.10404/2018, 127/2019, 20/2019, 20341/2018, 23867/2018, 23869/2018, 23871/2018, 23872/2018, 23874/2018, 23878/2018, 6998/2018, 6999/2018, 7000/2018, 8148/2108, 83/2019, 8319/2019, 799/2019, 800/2109, 812/2019, 805/2019, 806/2019, 807/2019, 809/2019 13.09.2019 http://www.judis.nic.in Page No.121 of 121