S SARASWATHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was appointed as part time Sweeper through Employment Exchange on 05.04.1988 in Government Higher Secondary School, Kalakkadu in Tirunelveli District. The 3rd respondent herein absorbed the petitioner as full time Sweeper on temporary basis by invoking the Tamil Nadu Basic Service Rules. She was granted time scale of pay by an order dated 26.04.1990 of the 3rd respondent. Since she was not regularised in service, she was not granted other monetary benefits such as annual increment, leave benefits, selection grade, special grade, etc.

(2.) THE Government issued G.O.(1D).No.188, School Education (R1) Department dated 27.09.2001 regularising the services of 34 Sweepers, Watchmen and Watermen with effect from their date of appointment. Those 34 persons are similarly placed like the petitioner. The name of the petitioner was omitted in the said Government Order. It is stated that it was a mistake.

(3.) IN these circumstances, the 1st respondent passed G.O.(Ms).No.324, School Education (R1) Department dated 28.12.2010 regularising the services of the petitioner with effect from 29.01.1991, but restricting the monetary benefits from the date of issuance of the Government Order. The petitioner is deprived of the monetary benefits for the past 19 years. The present writ petition is filed to quash the G.O.(Ms).No.324, School Education (R1) Department dated 28.12.2010 in so far as it depriveds monetary benefits from 29.01.1991 till date of issuance of the Government Order.