C. PANDI Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The issue raised in these writ petitions since are common and all the writ petitioners are similarly placed and seek for a similar relief, with the consent of both the learned counsel for the parties, all these writ petitions were heard together and are being disposed of by this common order.

(2.) These petitioners were appointed as Cook in Kallar Reclamation department under the third respondent at various school run by the said department in between 1994 and 1998. Of course, they had been appointed with the consolidated pay of a sum of Rs.850/- per month. In that capacity, since they had been working for some years, it seem that they had approached the respondents to regularize their services, with a result, the Government, having considered the request, has come forward to issue G.O.(Ms)No.85 Backward Classes and Most Backward Classes and Minorities Welfare Department dated 20.09.2007. Under the said G.O.Ms.No.85, these petitioners, who had been working as cook on consolidated pay and other similarly placed persons, who are numbering about 420, have been brought under regular time scale of pay of Rs. 2550-3200. The said benefit of time scale of pay would come into effect from the date of issuance of Government Order, i.e., dated 20.09.2007. Accordingly, these petitioners service though initially was under consolidated pay, subsequently, brought under the regular time scale of pay. When that being so, in the next year, i.e., in 2008, the Government has come forward to issue the Government Order in G.O.Ms.No.19, Backward Classes and Most Backward Classes and Minorities Welfare Department, dated 07.03.2008, where, having considered the similar G.O., issued in respect of Adi Dravidar Welfare Department, the Government has come forward to extend the benefit of regularising the service of these type of employees and had directed to regularise their services for those who completed five years of service prior to 21.01.1981, from 21.01.1981, and completed after the said date i.e., 21.01.1981, after completion of five years period from 1st April falls on next year, such regularisation could be made. In order to appreciate the benefit extended under G.O. Ms. No. 19, the following, which is the import of the G.O., are quoted hereunder:-

(3.) In this context, these petitioners, who had been appointed initially on consolidated pay as stood between 1994 and 1998, have been brought under the time scale of pay and have been regularised by virtue of the aforesaid Government Order (G.O.Ms.No.85) only from the year 2007, hence they seems to have sought the extension of benefit of the import of Government Order in G.O.Ms.No.19, whereby, they seek the benefit regularising their services strictly in accordance with the terms of G.O.Ms.No.19, whereby from 1st April of the next year from the date of completion of 5 years period after they joined in the service, they want regularisation. If such calculation is made under G.O.Ms.No.19, since these petitioners were appointed between 1994 and 1998 would have completed 5 years from 1999 to 2003 and therefore, from the 1st April of the next year, corresponding to each of these petitioners, they would be entitled to get regularisation as the import of G.O.Ms.No.19 as referred to above.