P. Backyalakshmi v. State of Tamil Nadu rep. by its Secretary Public Works Department Chennai
2013-06-27
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment :- 1. The petitioner has been working in various divisions of the Public Works Department as Part time Sweeper on daily wage basis from 1.4.1990. She has been in service for more than 23 years. The grievance of the petitioner is that her service has not been regularized. 2. Though she has claimed the regularisation from the date of her initial appointment, namely 1.4.1990, the learned counsel for the petitioner has fairly submitted that the petitioner will be satisfied if her service is regularised on completion of 10 years of service as per G.O.Ms.No.22, P&AR Department dated 28.2.2006 and the judgment of a Division Bench of this Court in Writ Appeal No.230 of 2009 dated 3.8.2009, confirming the order dated 29.7.2008 in W.P.No.18126 of 2008 and also another judgment of mine dated 11.6.2013 in W.P.No.15497 of 2013. 3. As the matter is squarely covered by various decisions of this Court, the Writ Petition itself is taken up for final disposal. 4. Heard both sides. 5. As rightly contended by the learned counsel for the petitioner, the petitioner is entitled to regularisation on completion of 10 years of service as per G.O.Ms.No.22, P&AR Department dated 28.2.2006 and the various judgments referred to by the learned counsel for the petitioner. In this regard, paragraph 4 of the order dated 29.7.2008 in W.P.No.18126 of 2008 is extracted below and the said order was confirmed by the Division Bench as stated above. "4. The learned counsel for the petitioner submits that similarly placed persons filed Writ Petition before the Madurai Bench of the Madras High Court in W.P.(MD) No.11707 of 2006 and by order dated 22.12.2006, this Court has considered the same and gave a direction to appoint the petitioners therein in the regular time scale in the existing vacancies of Class IV of Last Grade Government servants in Tirunelveli Education District and four weeks time was given to pas suitable orders. The said order was challenged by the District Educational Officer, Tirunelveli in W.A.(MD) No.291 of 2007 and by order dated 25.10.2007 and the Division Bench dismissed the said Writ Appeal with a direction to comply with the order passed in the Writ Petition within four weeks.
The said order was challenged by the District Educational Officer, Tirunelveli in W.A.(MD) No.291 of 2007 and by order dated 25.10.2007 and the Division Bench dismissed the said Writ Appeal with a direction to comply with the order passed in the Writ Petition within four weeks. The learned counsel also submitted that the said direction issued in W.P.(MD) No.11707 of 2006, which was confirmed in W.A.No.291 of 2007 by order dated 25.10.2007, was also complied with by the Department on 30.11.2007." 6. In the circumstances, this Writ Petition is disposed of with a direction to the first respondent to regularise the service of the petitioner by granting scale of pay with monetary benefits, on completion of ten years of service, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.