Madras High Court
G.Lakshmi vs Government Of Tamil Nadu on 30 January, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:640
WA.No.2484 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN
W.A.No.2484 of 2021
1.G.Lakshmi
2.J.Baby
3.R.Lakshmi
4.B.Nagamani
5.M.Ammavasai
6.P.Paraman
7.R.Venkataraman
8.M.Duraisamy
9.K.Devaraj
10.G.Saraswathi
11.K.Vimala
12.C.Pappathi
13.C.Subbammal
14,P.Kalimuthu
15.K.Jayapal ... Appellants
vs
1.Government of Tamil Nadu,
Rep. By its Secretary to Government,
Home Department,
Fort St. George, Chennai 600 009.
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WA.No.2484 of 2021
2.Principal Secretary,
Finance Department,
Government of Tamil Nadu,
Fort St. George, Chennai 600 009.
3.The Director General of Police,
Police Headquarters,
Dr.Radhakrishnan Salai,
Mylapore, Chennai 600 004.
4.The Inspector General of Police,
West Zone, COP Campus,
Coimbatore 641 018.
5.The Deputy Inspector of Police,
No.27, Abdul Rehman Road,
Red Fields, Coimbatore 641 018.
6.The Commissioner of Police,
Coimbatore City,
Coimbatore – 641 018.
7.C.Gurusamy, (Since deceased) .. Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent against the
order dated 24.10.2018 made in W.P.No.4604 of 2013 by this Court.
For Appellants : Mr.K.M.Ramesh, Senior Counsel
for Mr.V.Subramani
For Respondents: Mr.P.S.Raman, Advocate General,
assisted by Mrs.V.Yamuna Devi
Special Government Pleader
(for R1 to R6)
R7 – Died
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WA.No.2484 of 2021
JUDGMENT
(Order of the Court was made by Dr.ANITA SUMANTH.,J.) WP.No.4604 of 2017 was filed by 16 writ petitioners of whom Mr.C.Gurusamy is stated to have passed away and Mr.G.Lakshmi, Mrs.K.Vimala and Mrs.C.Pappathi are stated to be currently in service. A tabulation of the service particulars of all writ petitioners has been filed, and as regards Mrs.C.Subbammal, the following endorsement is found:-
13. Mrs.C.Subbammal With regard to her appointment No Records/ Service Book are available. Further her Services were not regularized, either in G.O.Ms.No.653, Home (Pol.XV), dt.01.08.09 or in G.O.Ms.No.202, Home (Pol.XV), dt. 05.03.12
2. In light of the categoric statement to the effect that there are no records of service available in regard to Mrs.C.Subbammal in the Coimbatore Commissionerate, we are not inclined to pass any positive direction in her case.
3.It is to be noted that in the writ petition, which was filed jointly by all 16 petitioners, the generic prayer was for a mandamus directing the respondents to regularise their services as full time Sweepers, fix them in regular time scale of pay and to extend all benefits due to regular https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 3/13 WA.No.2484 of 2021 Government Service.
4.Notably, the above Appellant has not placed on record any document evidencing her service. We would thus simply close this writ appeal as far as this appellant is concerned, granting liberty to her approach the respondents with a representation, enclosing all relevant documents evidencing her service as a Sweeper in the office of the respondents.
5.Such representation, if filed within a period of six (6) weeks from date of receipt of the order, shall be considered by the respondents in accordance with law and disposed after hearing this appellant within a period of four (4) weeks from date of receipt thereof.
6.Adverting to the other appellants, the details of their service has been placed on record as follows:
Details of the Appellants S. Appellants Name of Details of Copies enclosed No. Appointment/ Post Regularization
1. Mrs.G.Lakshmi Initially appointed as Service 1.Report of the Part time sweeper Regularised as Inspector, Armed (Currently in under contingencies police Station Reserve service) on 20.10.1986 based Cleaners with 2.Appointment on the report of the STS Pay 1300- order in D.O. Inspector of Police, 3000+300 wef 446/87.22554/C2/8 Armed Reserve, 1.08.09, as per 6, Dt. 23.03.87 Coimbatore City G.O.Ms.No.653 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 4/13 WA.No.2484 of 2021 Details of the Appellants , Home 3.Regularisation-
(Pol.XV), dt. CPO 1372/09, C3/ 01.08.09 51723/2009, 27.10.09
2. Mrs.J.Baby Initially appointed as Service 1.Report of the Part time sweeper Regularised as Inspector, B4 L&O (Retired on under contingencies police Station PS 30.06.17) based on the report of Cleaners with Inspector, B4 L&O STS Pay 1300- 2.Regularisation PS in 1987 3000+300 wef CPO-1372/2009, 1.08.09, as per C3/51723/2009, G.O.Ms.No.653 Dt.27.10.09 , Home (Pol.
XV), dt. 3.Retirement order
01.08.09 in CPO-921/2017,
J2/Pen.44/2017,
dt.30.06.2017
3. Mrs.R.Lakshmi Part time Sweeper- Service 1.Appointment
31.12.99 through Regularised as order in CPO:72/
(Retired on Employment (as in police Station 2000, C4/52481/99,
30.11.2018) Regularization Order) Cleaners with Dt.31.12.99
– Records not STS Pay-1300- 2.Regularisation
available 3000+300 w.e.f CPO- 446/12,
05.03.2012, as C3/68208/2010, per G.O.202, Dt.10.04.12 Home (Pol.XV), 3.Retirement order Dt.05.03.12 in CPO- 1566/2018, J2/60897/2018, dt.30.11.2018
4. Mrs.B.Nagamani Part time Sweeper- Service 1.Appointment 31.12.99 -through Regularised as order in (Retired on Employment (Copy police Station CPO:72/2000 31.08.19) of Regularization Cleaners with C4/52481/99, order) STS Pay-1300- Dt.31.12.99 3000+300 w.e.f 2.Regularisation 05.03.2012, as CPO-446/12, per G.O.202, C3/68208/2010, Home 10.04.12 (Pol.XV), https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 5/13 WA.No.2484 of 2021 Details of the Appellants Dt.05.03.12 3.Retirement order
-CPO- 1042/2019, J2/Pen.33/2019, Dt.30.08.2019
5. Mrs.M.Amavasai Part time Sweeper- Service 1.Appointment 31.12.99 -through Regularised as order in (Retired on Employment (Copy police Station CPO:72/2000 31.10.2013) of Regularization Cleaners with C4/52481/99, order) STS Pay-1300- Dt.31.12.99 3000+300 w.e.f 05.03.2012, as 2.Regularisation per G.O.202, CPO-446/12, Home C3/68208/2010, (Pol.XV), 10.04.12 Dt.05.03.12
3.Retirement order
-CPO- 1519/2013, J2/57276/2012, Dt.30.10.2013
6. Tr.P.Paraman Part time Sweeper- Service 1.Appointment 31.12.99 -through Regularised as order in CPO:72/ (Retired on Employment (Copy police Station 2000 C4/52481/99, 31.1.2022) of Regularization Cleaners with Dt. 31.12.99 order) STS Pay-1300- 2.Regularisation 3000+300 w.e.f CPO- 446/12, 05.03.2012, as C3/68208/2010, per G.O.202, 10.04.12 Home (Pol.XV), 3.Retirement order Dt.05.03.12 -CPO- 88/22, J2/4496/22, dt.29.01.2022
7. Tr.R.Venkataram Part time Sweeper- Service 1.Appointment 31.12.99 through Regularised as order in CPO:72/ (Retired on Employment (Copy police Station 2000 C4/52481/99, 30.04.2015) of Regularization Cleaners with Dt. 31.12.99 order) STS Pay-1300- 2.Regularisation 3000+300 w.e.f CPO- 446/12, 05.03.2012, as C3/68208/2010, per G.O.202, Dt.10.04.12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 6/13 WA.No.2484 of 2021 Details of the Appellants Home 3.Retirement order (Pol.XV), -CPO- 615/2015, Dt.05.03.12 J2/Pen.19/2015, Dt.29.04.2015
8. M.Duraisamy Part time Sweeper- 1.Appointment 31.12.99 through -do- order in CPO:72/ (Retired on Employment (Copy 2000 C4/52481/99, 31.12.18) of Regularization Dt. 31.12.99 order)
2.Regularisation CPO- 446/12, C3/68208/2010, Dt.10.04.12
3.Retirement order
-CPO- 1705/18, J2/Pen.83/2018, Dt.31.12.2018
9. K.Devaraj Part time Sweeper- 1.Appointment 31.12.99 through -do- order in CPO:72/ (Retired on Employment (Copy 2000 C4/52481/99, 30.04.2017) of Regularization Dt. 31.12.99 order) 2.Regularisation CPO- 446/12, C3/68208/2010, Dt.10.04.12
3.Retirement order
-CPO- 629/17, J2/Pen.24/17, Dt.28.04.17
10. Mrs.G.Saraswathi Initially appointed as 1.Report of the Part time sweeper -do- Inspector, TIW (Retired on under contingencies 2.Regularisation 30.06.2018) based on the report of CPO-446/12, Inspector, TIW, C3/68208/2010, Dt. Traffic Investigation 10.04.12 Wing
3.Retirement CPO-
915/2018, J2/Pen https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 7/13 WA.No.2484 of 2021 Details of the Appellants 27/18
11. Mrs.K.Vimala Part time Sweeper 1.Appointment through Employment -do- order – (Currently (Copy of CPO.No.701/2001, serving) Regularization order) C4/50539/2000, dt.
02.04.2001
2.Regularisation-
CPO-446/12, C3/68208/2010, 10.04.12
12. Mrs.C.Pappathi Part time Sweeper- 1.Appointment 31.12.99 through -do- order in CPO:72/ (Currently Employment (Copy 2000 C4/52481/99, serving) of Regularization Dt. 31.12.99 order)
2.Regularisation-
CPO-446/12, C3/68208/2010, 10.04.12
13. ....... ........ ......... ........
14. P.Kalimuthu Appointed as Part Service 1.Report of the time sweeper under Regularised as Scientific Assistant (Retired on contingencies on police Station 2.Appointment 31.05.2018) 17.03.1989, based on Cleaners with order in CPO-587/ the report of STS Pay-1300- 89, C2/5753/89, Scientific Assistant 3000+300 w.e.f Dt.17.04.89 C2/5753/89, 1.08.09, as per 17.04.89/ CPO- G.O.653, Home 3.Regularisation 587/89 (Pol.XV), CPO-1372/09, C3/ dt.01.08.09 51723/2009, 27.10.09
4.Retirement-CPO-
772/18, J2/Pen.29/ 2018, dt.30.05.2018
15. K.Jayapal Part time Sweeper- Service 1.Appointment 31.12.99 -through Regularised as order in CPO:72/ (Retired on Employment (Copy police Station 2000, C4/52481/99, 31.5.24) of Regularization Cleaners with Dt.31.12.99 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 8/13 WA.No.2484 of 2021 Details of the Appellants order) STS Pay-1300- 3.Regularisation-
3000+300 wef CPO-446/12, 05.03.2012, as C3/68208/2010, per G.O.202, 10.04.12 Home 4.Retirement-CPO-
(Pol.XV), 813/24,
dt.05.03.12 J2/pen.34/24,
dt.31.05.2024
The aforesaid details and documents are not in dispute.
7. The orders referred to in column 4 extending the benefit of regularisation to all Appellant barring Mrs.C.Subbammal, are in line with G.O.No.348 dated 28.11.2017. In that G.O., the State has accepted the recommendations of the Official Committee directing that all employees in Government Departments and Local bodies in special time scale of pay shall be granted, special monthly pension/lumpsum pension, at the time of their retirement as below:
Special Monthly Lumpsum
Sl. No. Department / Name of Post Pension Payment
Rs. Rs.
(1) (2) (3) (4)
....... ..........
...... ..........
.......... .........
II. All Government
Departments / Local Bodies
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Special Monthly Lumpsum
Sl. No. Department / Name of Post Pension Payment
Rs. Rs.
2. Sweeper / Sanitary
Workers / Scavengers 2,000 50,000
8.In the present case, Mr.Ramesh, learned Senior Counsel for Mr.V.Subramani, learned counsel for the appellants would, on instructions, accede to the position that 12 writ appellants, who have retired from service have received a lumpsum payment of Rs.50,000/- at the time of their retirement and are presently receiving the special monthly pension of Rs.2,000/- per month.
9.The Government Order under which the benefit has been granted to them is not a subject matter of challenge. Their rendition of part time employment is also not in dispute. In such circumstances, we find no merit in the submission that their services should be regularised so as to equate them with regular Government servants in order to extend the benefits of full pension as well as other benefits received by employees in regular time scale of pay.
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10.In light of the aforesaid discussion, having regard to the benefits already received by the appellants pending disposal of the writ petition and recording the same, this writ appeal is closed. No costs.
11.The remaining three writ appellants, who are presently in service are entitled to the same relief as above at the relevant juncture in time.
[A.S.M., J] [G.A.M., J]
30.01.2025
Index:Yes
Speaking order
Neutral Citation:Yes
vs
To
1.The Secretary to Government, Home Department, Fort St. George, Chennai 600 009.
2.The Principal Secretary, Finance Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.
3.The Director General of Police, Police Headquarters, https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 02:49:40 pm ) 11/13 WA.No.2484 of 2021 Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
4.The Inspector General of Police, West Zone, COP Campus, Coimbatore 641 018.
5.The Deputy Inspector of Police, No.27, Abdul Rehman Road, Red Fields, Coimbatore 641 018.
6.The Commissioner of Police, Coimbatore City, Coimbatore – 641 018.
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