Dhana Packiam v. The District Collector, Dharmapuri District
2012-01-03
K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with the prayer for issuance of writ in the nature of mandamus, directing the respondents to regularise the service of the petitioner as Noon meal cooking Assistant at Harur Panchayat Union with effect from her initial appointment viz., 26.11.1998 with all consequential benefits. 2. The petitioner on the date of filing of the petition was working on daily wage basis at Rs.2/- per day and continuously worked without interruption till the date of filing of the application before the Tamil Nadu Administrative Tribunal. 3. The case of the petitioner is that the District Collector was taking steps to fill up the post of Cooking Assistant by adjusting surplus employees under the different schemes adminstered by the Government of Tamil Nadu like Integreted Child Development Programme etc. 4. The petitioner claims regularisation only on the ground that she has been working on daily wages since 1998. The petitioner has not placed on record any rules/instruction under which the petitioner is entitled to regularisation of service nor it has been disclosed whether the petitioner was appointed by following regular procedure or was the case of backward entry. In any case, as per the instruction of the Government, the daily wage employee is entitled to regularisation on completion of 10 years of service as per G.O.Ms.No.22 issued by the Government of Tamil Nadu. On the date of filing of application, the petitioner had admittedly not worked for 10 years and therefore, is not entitled to the relief claimed. The petitioner if still in service can approach the Government for regularisation as per G.O.Ms.No.22. 5. Consequently, this writ petition is ordered to be dismissed with no order as to costs.