G. Gopal v. State of Tamilnadu rep. by its Secretary to Government, Public Works Department
2013-01-08
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
Judgment :- 1. The prayer in this writ petition is seeking for a mandamus, directing the respondents to implement the order in G.O.Ms.No.22, dated 28.02.2006 issued by Personnel and Administration Reforms (F) Department and consequently regularise the service of the petitioners as 'Technical Assistant Grade-II'. 2. The case of the petitioners is that all of them are working continuously for nearly 10 years as temporary daily wage employees at the office of the respondents Department. The Government passed G.O.Ms.No.684, P.W.D., dated 27.11.1998 and directed that NMR, who had not worked for 240 days contentiously, but worked for 10 years in the respondents Department should be conferred with permanent status. Further, in G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2008, the Government had directed all the Government Departments to regularise the service of the daily wage employees, who had rendered 10 years of service as on 01.01.2006. In-spite of those G.Os, the petitioners' service was not regularised and therefore, the present writ petition is filed before this court. 3. The 5th respondent filed a counter affidavit, in which it is stated that the petitioners were engaged on daily wage basis in the field at the time of requirement then and there. It is further stated that they were not continuously engaged for 10 years and as such, a minimum number of 240 days in a year, which is a criteria for regularisation, is not available in the case of the petitioners. As the petitioners have not been completed 10 years of service on daily wage, the question of regularisation of their service does not arise. 4. The learned counsel appearing for the petitioners, however, submitted that the petitioners have got materials to prove that they were working continuously for more than 10 years and as such, they are entitled to the benefits of G.O.Ms.No.22 dated 28.02.2006 as well as G.O.Ms.No.684, P.W.D. dated 27.11.1998 If that is the case of the petitioners, it is for them to approach the respondents by way of making proper representation and also by placing material documents to prove their claim. 5. Therefore, I only direct the petitioners to make fresh representation to the respondents by furnishing all the material particulars in support of their claim for regularisation of their services. It is needless to say that the petitioners should satisfy the requirement as contemplated under the above said G.Os.
5. Therefore, I only direct the petitioners to make fresh representation to the respondents by furnishing all the material particulars in support of their claim for regularisation of their services. It is needless to say that the petitioners should satisfy the requirement as contemplated under the above said G.Os. Therefore, the petitioners are directed to make such representation within a period of two weeks from the date of receipt of a copy of this order. Any such representation if made by the respective petitioners, it is for the respondents to consider the same and pass orders on merits and in accordance with law, within a period of eight weeks thereafter. 6. The writ petition is disposed of with the above direction. Consequently, connected Miscellaneous Petitions are closed. No costs.