V. Vijayakumari v. District Social Welfare Officer, Office of the District Social Welfare Office Thiruvannamalai
2011-07-19
D.HARIPARANTHAMAN
body2011
DigiLaw.ai
JUDGMENT :- 1. The petitioners in all writ petitions are employed as Helpers from 1992-1993. The Joint Director of the Social Welfare Department issued a seniority list of Helpers as on 15.03.2009 in his proceedings dated 16.03.2009. The date of entry into service of all the petitioners and their ranks as found in the seniority list are given herein in a Tabular Column:- WP number Name of the Petitioner W.P.No.15416/11 Vijayakumari W.P.No.15417/11 Ranjini - Kalaivani W.P.No.15418/11 Malliga - Anusuya W.P.No.15419/11 E.Kamatchi - K.Alamelu - P.Krishnaveni W.P.No.15420/11 Neelapthi Date of Joining in the Entry level Post 29.03.1993 20.09.1993 20.09.1993 08.05.1992 07.05.1992 23.02.1993 23.08.1993 18.08.1993 25.09.1992 Serial No. in the seniority list dated 15.03.2009 31 44 43 10 7 (in Seniority list dated 08.08.1998) 29 38 37 17 No. of continuity of service and present place of working 18 years, Govt Orphanage - Thiruvannamalai 18 years, Govt Orphanage - Udagamandalam 18 years, Govt Orphanage - Udagamandalam 19 years, DSW Vellore Orphanage 19 years, Government Orphanage - Vellore 18 years, Government Orphanage - Kanchipuram 18 years, Government Orphanage – Kanchipuram 18 years, Government Orphanage – Kanchipuram 19 years, Government Orphanage - Cuddalore 2. Similarly placed Helpers, namely, K.Vijaya, who ranks 12 in the seniority, R.Rathinam, who ranks at 23 in the seniority list, R.Gowri, who ranks at 62 in the seniority list, B.Madeswari, who ranks at 89 in the seniority list, Rasathi, who ranks at 115 in the seniority list, filed a writ petition in W.P.No.7422 of 2011 seeking to regularize their services as Helpers in their respective appointed place and pay them scale of pay and other allowances on par with the persons', whose services were regularized in similar post. The writ petition No.7422 of 2011 was allowed by this Court on 30.03.2011. The operative operation of the Judgment is extracted here under: "6. In view of the said submissions, the writ petition is allowed with direction to the respondents to regularise the services of the petitioners on their completion of ten years of service with times scale of pay. The regularisation order is directed to be passed by the respondents within a period of four weeks from the date of receipt of a copy of this order. The arrears of pay, payable to the petitioners pursuant to the regularization shall be paid to the petitioners within four weeks therefrom. No costs. Consequently, connected miscellaneous petition is closed." 3.
The regularisation order is directed to be passed by the respondents within a period of four weeks from the date of receipt of a copy of this order. The arrears of pay, payable to the petitioners pursuant to the regularization shall be paid to the petitioners within four weeks therefrom. No costs. Consequently, connected miscellaneous petition is closed." 3. The petitioners have filed these writ petitions seeking for regularization of their services as Helpers in their respective appointed place and pay them scale of pay and other allowances on par with those persons whose service was regularized in similar post. 4. Heard both sides. 5. The learned counsel for the petitioners submits that the writ petition could be disposed of permitting the petitioners to make a representation seeking regularization of their service in terms of the order dated 30.03.2011 passed in W.P.No. 7422 of 2011 and the respondents may be directed to regularize the services of the petitioners in terms of the order dated 30.03.2011 in W.P.No. 7422 of 2011. 6. I have considered the submissions made on either side and perused materials available on record. 7. The petitioners in W.P.No.7422 of 2011 as well as the petitioners herein are shown in the seniority list dated 16.03.2009. Some of the helpers approached this Court by filing W.P.No.7422 of 2011, seeking regularization of their services and pay them scale of pay and the same was allowed by this Court by an order dated 30.03.2011. The petitioners herein are similarly situated and they are also working as Helpers in the Government Orphanage as in the case of the petitioners in W.P.No.7422 of 2011. The Judgment of this Court dated 30.03.2011 in W.P.No.7422 of 2011 is squarely applicable to the petitioners also and the petitioners are entitled to get relief in terms of said judgment. 8. In these circumstances, the petitioners are directed to make a representation to the 3rd respondent seeking regularization of their services and scale of pay and other allowances as given to the petitioners in W.P.No.7422 of 2011 and the first respondent is directed to consider the same, in the light of the order dated 30.03.2011 passed in W.P.No.7422 of 2011 and pass orders thereon, within a period of eight weeks thereafter. 9. The writ petition is disposed of in the above terms. No costs.