COMMISSIONER BLOCK DEVELOPMENT OFFICE Vs. SARASU

JUDGEMENT

(1.) These two writ appeals are filed by the Commissioner, Block Development Office, Papanasam, and by the Director of Rural Development and Panchayat Raj against the order dated 24.04.2019 in W.P.No.1453 of 2015. By the said order, the learned single Judge allowed the writ petition of the first Respondent and directed the Appellants herein to regularize the services of the first Respondent from the date of her appointment.

(2.) The first Respondent was appointed as a sweeper pursuant to the proceedings of the Commissioner of the Papanasam Panchayat Union dated 24.04.1985. Her appointment was on a temporary basis as a sweeper on a monthly salary of Rs.20/- plus other allowances. She was appointed for the purpose of providing services at the Chakkarapalli Hospital and provided such services on a consolidated monthly pay for a number of years. Subsequently, by G.O.Ms.No.39, Rural Development [E5] Department dated 07.05.2013 (G.O. Ms. No.39), she was provided a special time scale of pay in the pay scale of Rs.1300 - 3000 + 300 Grade Pay. G.O.Ms.No.39 stipulates that sanitary workers working at the Government office or local body on daily wages or on consolidated pay, for not less than three years, are entitled to the special time scale of pay as referred to supra. It also adverts to the fact that, at that point of time, about 9896 persons were serving as sweepers in the Village Panchayats, about 187 persons were serving at the Panchayat Union and about 18 persons were serving in Government Offices. Accordingly, the benefit of G.O. Ms. No.39 would extend to all the above mentioned three categories of sweepers whose names were included in the Annexure of the said G.O.Ms.No.39.

(3.) After being put on the special time scale of pay in accordance with G.O.Ms.No.39, the first Respondent filed W.P. No.1453 of 2015 praying for a Writ of Mandamus for regularization from the date of appointment, namely, 24.08.1985. In the affidavit in support of the writ petition, the first Respondent adverted to the fact that she was appointed as a sweeper at the Panchayat Union Dispensary, Chakkarapalli Union Panchayat, Papanasam and that she was sponsored by the Thanjavur Employment Exchange by communication dated 17.04.1985. She further submitted that the Commissioner of the Panchayat Union, by communication dated 15.06.2001 to the Collector, Thanjavur, requested that her services be regularized. Thereafter, further communications dated 13.11.2006 and 22.07.2009 were sent by the Commissioner on this issue. The sheet anchor of the writ petition was G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 (G.O. Ms. No.22). The first Respondent stated that G.O. Ms. No.22 applies to employees in various Government Departments working on daily wage basis who had completed more than 10 years of service as on 01.1.2006. It provides for the regularization of such persons by appointing them on a time scale of pay in accordance with the service conditions prescribed for the post concerned subject to their being otherwise qualified for the post. According to the first Respondent, the only condition for availing the benefit of G.O.Ms.No.22 is that the employee concerned should have completed 10 years of service as on 01.01.2006. As regards the first Respondent herein, she had completed about 19 years of service as on 01.01.2006. The writ petition was allowed by relying upon G.O.Ms.No.22. The learned single Judge also took into consideration the fact that the first Respondent was sponsored by the Employment Exchange and concluded that she is accordingly entitled to be regularized from the date of original appointment along with all monetary benefits arising out of such regularization. The said order is impugned in this proceeding.