P. MURUGESAN Vs. TAMIL NADU POLLUTION CONTROL BOARD,

JUDGEMENT

(1.) The orders impugned dtd. 31/10/2013, rejecting the claim of the writ petitioners for regularization are under challenge in the present writ petitions.

(2.) The petitioners state that their names were sponsored by the District Employment Exchange office for selection to the Post of Field Assistant in the Tamil Nadu Pollution Control Board. The petitioners were engaged on consolidated pay wages and they joined on 5/2/1997 and 9/10/1996 respectively. The petitioners state that they are working continuously and similarly, many other employees were also kept under daily wages / consolidated pay wages for the purpose of performing regular works.

(3.) The Respondent-Board was regularizing the services of those temporary employees in a phased manner. Thus, the petitioners also submitted representations repeatedly to consider their case for regularization and permanent absorption. Accordingly, the services of the writ petitioners were regularized in order dtd. 28/10/1999 with effect from 3/11/1999. The monetary benefits were granted with effect from the date of regularization i.e., on 3/11/1999. The petitioners state that they had been working from 5/2/1997 and 9/10/1996 respectively and therefore, regularization of their services with effect from 3/11/1999 is not justified. In respect of the similarly placed persons, the respondent-Board has given the benefit of regularization with effect from the date of initial appointment. Therefore, the Board cannot discriminate the petitioners for the purpose of grant of retrospective regularization from the date, on which, the writ petitioners were engaged temporarily on consolidated pay.