GOVERNMENT OF TAMIL NADU Vs. A.PERUMAL

JUDGEMENT

(1.) This writ appeal is directed against the order of learned single Judge dtd. 29/10/2021 passed in W.P.No.23233 of 2021, in and by which, the learned single Judge set aside the order of the third appellant herein dtd. 19/2/2021 and directed the appellants to pass appropriate orders within a period of four months from the date of receipt of the order, by regularising the services of the respondent/ writ petitioner with consequential relief to the writ petitioner on par with those who have been regularised earlier in terms of G.O.Ms.No.22 Personnel and Administrative Reforms Department dtd. 28/2/2006, G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department dtd. 27/6/2013 and G.O.Ms.No.50 School Education (S.E.4(1)) Department dtd. 8/3/2019.

(2.) We have heard Ms.E.Renganayaki, learned Additional Government Pleader appearing on behalf of the appellants and Mr.A.Amalraj, learned counsel appearing on behalf of the respondent writ petitioner.

(3.) Learned Additional Government Pleader appearing on behalf of the appellants submitted that in this case, there is no proof for the initial appointment being proper. This apart, she would submit that the relevant Government Orders mentioned by the learned single Judge are applicable only in respect of a regular employee and not a part-time employee. She would submit that since the respondent/writ petitioner is designated only as a part-time sweeper, learned single Judge ought not to have ordered regularisation under the said Government Orders. She would also submit that the order of the learned single Judge to regularise the services of the respondent/writ petitioner is directly in contravention to the dictum of Honourable Supreme Court of India in The Secretary, State of Karnataka and Others Vs. Uma Devi (2006 (4) SCC 1).