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1 - 2 of 2 (0.33 seconds)S.Gnanasekaran vs The Government Of Tamil Nadu on 24 November, 2021
15. Any regularization will come into effect only from the date of
granting regularization and the same had been held by the Hon'ble Full Bench of
this Court rendered in S.Dhanasekaran v. Government of Tamil Nadu reported in
2013 (6) CTC 593, wherein it has been held categorically held that regularization
will take effect from the date of granting regularization. The Judgment of Hon'ble
Full Bench of this Court has
“Those sanitary workers, who were appointed as per
G.O.Ms.No.101, Municipal Administration and Water Supply
Department, dated 30.04.1997 or absorbed as per G.O.Ms.No.71,
Municipal Administration and Water Supply Department, dated
05.05.1998, are all governed by G.O.Ms.No.21, Municipal
Administration and Water Supply Department, dated 23.02.2006, in
respect of their regularization in service and such regularisation
shall take effect only from 23.02.2006 and not from the date on
which they had completed three years of service from the date of
their initial entry into service”
The issue was re-considered by another Hon’ble Full Bench in a Review
Application in R.A.No.87 of 2014 wherein the review was allowed reversing the
view originally taken. As against the same the State had filed a Special Leave
Petition before the Supreme Court and obtained an order of stay on 14.08.2017.
However as on date the proposition of law is whenever any G.O. has granted
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18883 of 2018
regularization within a prescribed period as given in G.O.Ms.No.71 Municipal
Administration & Water Supply (MAWS) Department, dated 05.05.1998, then the
daily wager is entitled to regularization on the date prescribed under the G.O. It is
pertinent to state that in G.O.Ms.No.71 the regularization is granted on
completion of three years provided the person had completed satisfactory service
during the period of three years. If such period is not stated, then the
regularization is on the date of passing G.O. granting regularization. In the
present case the regularization was granted through proceedings dated 04.12.2015
and hence the petitioners are entitled to regularization and the consequential
salary, service benefits etc. from 04.12.2015.
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