ADHIKESAVAN Vs. EXECUTIVE OFFICER MAMALLAPURAM TOWN PANCHAYAT

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order passed by the second respondent dated 25.11.2006 and direct the respondents to confirm the services of the petitioners on time scale of pay as Sweepers in the first respondent Town Panchayat.

(2.) THE case of the petitioners is that they are appointed as Sweepers in the first respondent Town Panchayat on 29.9.2000 and they worked without any break in service till 3.8.2006 and that the first respondent paid a sum of Rs.900/- per month as salary on consolidated basis from the date of appointment with annual increments, and that provident fund contribution is also deducted from their salary. It is the grievance of the petitioners that even though similarly placed persons were granted regularisation with time scale of pay, petitioners' services were not regularised and they were also not permitted to work from 4.8.2006. Petitioners submitted representation on 7.8.2006 seeking permanent absorption and regularisation from the date of their initial appointment and the said representation having not been considered, petitioners filed W.P.No.3605 of 2006 and this Court by order dated 27.9.2006 directed the first respondent to consider the representation and pass orders in accordance with law within a period of four weeks. In the said representation the petitioners have relied on G.O.Ms.No.84 Municipal Administration and Water Supply Department, dated 21.5.1998 and prayed for absorption on time scale of pay. The second respondent thereafter passed the impugned order on 25.11.2006 stating that G.O.Ms.No.199 dated 12.8.1997 and G.O.Ms.No.84 dated 21.5.1998 were issued to regularise the services of Sweepers, who were on service prior to 31.12.1996 and the petitioners having been appointed in the first respondent Town Panchayat only on 29.9.2000, they are not entitled to get regularisation of their services.

(3.) THE first respondent has filed counter affidavit stating that in the first respondent Town Panchayat, 17 permanent posts of Sweepers are granted approval by the District Collector; that Mamallapuram being a Tourist spot and lot of tourists from all over the world are coming to visit Mamallapuram, necessity arose to appoint additional temporary Sweepers to clean the town; that petitioners were appointed on temporary basis as Sweepers in the first respondent Town Panchayat on 29.9.2000 on consolidated pay of Rs.900/- per month without getting approval from the District Collector, Kanchipuram; that the Director of Town Panchayat in his proceedings dated 30.6.2006 stated that sanitary workers, who are appointed purely on temporary basis with consolidated pay are not entitled to be confirmed in their respective posts and they are not entitled to get time scale of pay and hence petitioner's services were discontinued; that the persons whose services were regularised were appointed either in death vacancy or in permanent vacancy; and that the petitioners have no right to seek regularisation and absorption with time scale of pay.