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2013 DIGILAW 2126 (MAD)

Govindammal v. Secretary to Government, Home (Police) Department, Chennai

2013-06-21

D.HARIPARANTHAMAN

body2013
JUDGMENT 1. With the consent of both parties, the writ petition itself is taken up for final disposal. 2. The petitioner is employed as part time sweeper in the police department. The petitioner joined as Sweeper on 15.6.1987. 3. The grievance of the petitioner is that she is regularized in service by G.O.Ms.No.653, Home Department, dated 7.8.2009 along with other part time sweepers and she was given scale of pay of Rs.1300-3000 with a grade pay of Rs.300/-with effect from 1.8.2009, while the similarly placed sweepers in Salem in Police department and sweepers in other departments were given scale of pay of Rs.2550-3200. Hence she wants to quash G.O.Ms.No.653, Home Department, dated 7.8.2009 insofar as the regularization of the petitioner is concerned and for a consequential direction to give her scale of pay of Rs.2550-3200 as given in Salem. 4. The learned counsel for the petitioner has submitted that though the petitioner has sought for regularization from the date of her appointment, the petitioner would be satisfied if regularization is granted on completion of ten years of service instead of from 1.8.2009 and also if the scale of pay of Rs.2550-3200 as given in Salem is given to them by considering her representation, dated 19.12.2012. 5. I have heard the submissions from both sides. 6. G.O.Ms.No.977, Home (Pol)(V) Department, dated 12.10.2006 was enclosed in the typed set. As per G.O.Ms.No.977, Home (Pol)(V) Department, dated 12.10.2006, sweepers were regularized in police department, in Salem District. On regularization, the Commissioner of Police, Salem Town has passed an order dated 16.2.2007 granting scale of pay of Rs.2550-3200 to a sweeper in Salem. 7. In the circumstances, the petitioner also claims the scale of pay of Rs.2550-3200 as given in Salem. 8. The learned counsel for the petitioner has fairly stated that the order dated 24.2.2010 in W.P.No.4859 of 2009 granting regularization from the date of appointment was peculiar to the facts of the case and in all other cases, this Court granted regularization on completion of ten years of service only. The learned counsel for the petitioner has produced various orders to the effect that the daily wage employees are regularized on completion of ten years of service. In fact, the Government issued G.O.Ms.No.22, dated 28.2.2006 regularising the services of daily wage employees on completion of ten years of service. The learned counsel for the petitioner has produced various orders to the effect that the daily wage employees are regularized on completion of ten years of service. In fact, the Government issued G.O.Ms.No.22, dated 28.2.2006 regularising the services of daily wage employees on completion of ten years of service. Hence, the first respondent is not correct in regularising the services of part time sweepers prospectively from 1.8.2009 instead of regularising them on completion of ten years of service. 9. Therefore, the impugned G.O.Ms.No.653, Home Department, dated 7.8.2009 insofar as denying the regularization of service on completion of ten years of service, is quashed as far as the petitioner is concerned. 10. Further more, if one of the sweepers in police department in Salem is given scale of pay of Rs.2550-3200, the respondents shall also pay similar scale to the sweepers in Chennai. There is no reason to give a different scale in Chennai. The sweepers in other departments are also given scale of pay of Rs.2500-3200. 11. In view of the above, the writ petition is disposed of directing the first respondent to comply with the order by granting the scale of pay of Rs.2550-3200 to the petitioner for the post of sweeper on completion of 10 years of service and also to pay her the monetary benefits within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.