RAJAMMAL Vs. COMMR FOR COLLEGIATE EDUCN

JUDGEMENT

(1.) is petition is by the four unfortunate petitioners who are all ladies. Out of them, the first petitioner is already dead and her legal representatives have already been brought on record.

(2.) The petitioners were working in the College run by the second respondent as Sweepers. It seems that they were working for quite some time. The first petitioner was working there from 1957 while the other petitioners were working from early seventies. The College came under the sweep of the Private Colleges Regulations Act which Act came in the year 1976. The said Act prescribed the conditions of service of the teaching as well as non-teaching staff. It is the admitted position that this College receives 100% grant. It was the policy of the Government, which has reflected from the Government Orders, that a staff working in the private college for five years as on January 1, 1979 as a contingent staff should get a permanent status and, thereafter, the said staff could be brought on the regular time scale. The salaries are payable by the Government fully to such staff. All the four petitioners, who belong to the Scheduled Castes, therefore, ordinarily could have been brought on the regular service by becoming permanent, because all of them have practically completed five years of service on January 1, 1979, and even if they had not, later on they were bound to be so brought on the regular establishment because of their continuous service.

(3.) It seems that in spite of the several representations, they have neither been regularised nor been brought on the regular time scale of pay and are still working on the meagre salaries. They have now approached this Court for a writ of mandamus to issue orders to regularise the service of the petitioners and then bring them on the regular time scale of pay prescribed by the Tamil Nadu Government with effect from January 1, 1979. They have also prayed for arrears of salary together with interest.