K SELVARAJU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in W.P.Nos. 3571 and 5975 of 2009 are one and the same. THE grievance of the petitioner in the other writ petition namely W.P.No. 3572 of 2009 are also identical with that of the other two writ petitions. THE issue involved in the writ petitions are also common, therefore, by consent of counsel for both sides, the writ petitions are taken up for final disposal.

(2.) THE petitioner in W.P. No. 3571 of 2009 and the petitioner in W.P. No. 3572 of 2009 were engaged as Field Officers under the control of the third respondent. THE petitioner in W.P. No. 3571 of 2009 namely Selvaraju was appointed as a Field Officer on 21.4.1986 and the petitioner in W.P. No. 3572 of 2009 namely Umayal was appointed as such on 13.6.1985 on a consolidated pay of Rs.1,000/- per month. W.P.Nos. 3571 and 3572 of 2009 were filed for a Mandamus to direct the respondents to bring the petitioners into regular establishment with time scale of pay on par with that of the Deputy Block Development Officer with effect from the date of their initial initial appointment as Field Officer, with all allowances and benefits along with the consequential arrears of pay and other allowances, benefits etc.. within a time frame. Pending the above writ petitions, the petitioner in W.P. No. 3571 of 2009 namely Selvaraj was issued with a memo dated 9.2.2009 by the District Collector, Dharmapuri calling upon him to show cause as to why his services should not be terminated. THE said Memo dated 9.2.2009 is challenged in W.P. No. 5975 of 2009.

(3.) ACCORDING to the petitioners, even though they were appointed on a consolidated pay of Rs.1,000/- per month with a condition that their engagement will be for a period of one year, they were allowed to continued even after one year and the salaries were paid to them by UNICEF till 31.12.1988. There after, the petitioners were retained in service and brought under the regular programme of Integrated Rural Development Programme, shortly known as IRDP from 1.1.1989 as per G.O. Ms.No.323, Rural Development Department dated 12.4.1990 and sanction was also given for continuance of the above posts held by the petitioners till 28.2.1991. Subsequently, sanction was accorded for continuance of the said posts every year and the petitioners were also continuing as Field Officers under the regular scheme of IRDP. However, the services of the petitioners were not brought under regular time scale of pay and they continued in service for a consolidated salary of Rs. 1,000/ per month. ACCORDING to the petitioners, even though they were brought under the regular establishment in the year 1990 itself, their services were not regularised and they were forced to work for a consolidated pay. Therefore, they have made a representation to the first respondent on 30.10.1996 requesting to bring them under regular establishment. Subsequently, as per G.O. Ms. No. 878 dated 15.5.1981 wherein it was stated that proposals shall be sent to the Government to bring the contingent employees who have completed 10 years into regular service, the Project Officer of IRDP sent a proposal by his letter dated 28.1.1997 recommending to bring the petitioners into regular establishment with time scale of pay and the second respondent in turn recommended and forwarded it to the first respondent on 24.7.1997. In spite of the same, no order has been passed, whereas, in a similar case of Technician (Bio Gas) sanctioned in the year 1982, ad hoc rules were framed and they were brought under regular establishment with time scale of pay in G.O. Ms. No. 853 dated 16.10.1990.