M JAYARAMAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is a part time Sweeper. By the order impugned dated 16.07.2009, the petitioner's request for regularisation was rejected on the ground that he, being a part time employee working on a consolidated pay, cannot be brought under regular employment on time scale of pay.

(2.) THE issue involved in this Writ Petition is no longer res integra.

(3.) HOWEVER, the Additional Government Pleader would by relying upon the latest G.O.Ms.No.22 seek to justify the impugned order. It is true under G.O.Ms.No.22 the Government has directed absorption of all the daily wages employees in various departments and similar clarification was issued to G.O.Ms.No.22 in letter No.34799/R1/2006-12 dated 16.07.2009 that the part time employees are not eligible for absorption on time scale of pay as per G.o.Ms.No.22. The validity of the Government Order and the clarification letter above referred to came up for judicial review in batch of Writ Petitions and our High Court has by order dated 04.12.2008, after detailed discussion about all the relevant Government Orders observed that the G.O.Ms.No.22 has not superseded earlier G.O.Ms.No.528 Personnel and Administrative Reforms (PER.F.) Department and the conjoint reading of both the Government Orders along with the letters of clarification would lead to an inference that the part time employees, employed through employment exchange, who have been working for more than 10 years in various Government Departments are also, as that of daily wages employees, eligible for absorption on regular time scale of pay. In the same order our High Court has also referred to the earlier order passed by the single judge in W.P.(MD) No.11707 of 2006 dated 22.12.2006 as confirmed by the Division Bench of our High Court in W.A.(MD) No.391 of 2007. As a matter of fact, the absorption so given in pursuance of the orders referred above was subsequently withdrawn by the Government and the same was again challenged in W.P.No.32446 of 2005 and the subsequent writ petition was disposed of on 01.02.2006 thereby confirming the earlier order of this Court directing regularisation of the concerned part time employees. The copy of the orders so made in favour of similarly placed persons are also enclosed in the typed set of papers filed by the petitioner herein.