Madras High Court
District Educational Officer vs S.Perumal on 25 October, 2007
Author: S.Palanivelu
Bench: F.M.Ibrahim Kalifulla, S.Palanivelu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25/10/2007 CORAM: THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA AND THE HONOURABLE MR.JUSTICE S.PALANIVELU W.A.(MD)No.391 of 2007 and M.P.(MD) No.2 of 2007 District Educational Officer, Tirunelveli District, Tirunelveli. .. Appellant Vs 1.S.Perumal 2.S.Balakrishnan 3.P.Irulappan 4.L.Mariappan 5.V.Vanaraj 6.M.Senthoorpandian 7.G.Arumugam 8.M.Rajan 9.M.Poovipandian 10.S.Marudapandian 11.S.Gurusamy 12.S.Pichammal 13.A.Raja .. Respondents Prayer Writ Appeal filed against the order dated 22.12.2006 in W.P.(MD)No.11707 of 2006 on the file of this Court. !For Appellant ... Mr.R.Rajarajan, Government Advocate. ^For Respondents ... Mr.S.Mani :JUDGMENT
(Judgment of the Court was delivered by S.PALANIVELU,J.) This writ appeal is filed against the order dated 22.12.2006 passed by this Court in W.P.(MD)No.11707 of 2006.
2. The respondents are working as Part Time Sweepers/Sanitary workers from the year 1993-1994. They had already registered their names with the employment exchange. The employment exchange had sponsored their names and interview had also been conducted by the concerned authorities. They were selected and appointed as Sweepers/Sanitary Workers on a consolidated pay. At the time of their appointment their pay was fixed at Rs.100/- per month. They filed a petition in W.P.No.11707 of 2006 before this Court on the strength of G.O.Ms.No.22 Personnel & Administrative Reforms Department, dated 28.02.2006 passed by the Government of Tamil Nadu, which directs the concerned authorities to regularize the daily wage employees working in all the Government Departments. The operative portion of the Government Order viz., paragraph Nos. 2 and 3, reads as follows:-
"2.Based on the announcement made by the Hon'ble Chief Minister on 08.02.2006, 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 01.01.2006 be regularized 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 regularize the services of the daily wages employees working in all Government Departments, who have rendered 10 years of service as on 01.01.2006 as ordered in para 2 above, in consultation with the respective Heads of Departments wherever necessary. In Special cases whieing relaxation of rules is required, proposal shall be sent to Government."
3.The learned Government Advocate appearing for the appellant would submit that the Government Order may not be applicable to the writ petitioners/respondents.
4.Conversely, the learned counsel appearing for the respondents would submit that employees in other Districts, who are placed like the petitioners, were regularized by the concerned authorities and in the appellant department alone the respondents have not been regularized.
5.We have heard the learned counsel on either side. In view of the Government Order mentioned supra, the respondents are eligible for getting regularization in their service. It is not disputed that they have rendered service for over 10 years as on 01.01.2006 and all the respondents have completed more than 10 years of service so as to get eligibility under the Government Order. There is nothing on record to show that any of the respondents suffer from any disqualification to hold the post.
6.We have also gone through the order passed by the learned Single Judge of this Court, which does not warrant any interference. The fact remains that they were already selected by the concerned authorities and at the time of selection, their names were sponsored by the employment exchange and they are continuing as wage earners.
7.Since we do not find any disqualification on their part, it is just and necessary to direct the appellant herein to regularize the service of the respondents. The appellant is directed to comply with the direction of this Court, within a period of four weeks from the date of receipt of a copy of this order.
8.In these circumstances, the order passed by the learned Single Judge of this Court dated 22.12.2006 in W.P.(MD)No.11707 of 2006 deserves to be confirmed.
9.In fine, this writ appeal is dismissed. Consequently, the connected miscellaneous petition is also dismissed. No costs.
jrl To The Revenue Divisional Officer, Sivakasi.