K. SEKAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Mandamus, directing the first respondent to consider the claim of the petitioners for regularization of their service from the respective dates of their initial appointment, with consequential benefits of placement in the Time Scale of Pay and other attendant benefits and pass orders in the light of their representation dtd. 12/7/2021.

(2.) The petitioners joined service as NMR workers on daily wage basis in Tiruninravur Town Panchayat w.e.f. 10/3/1998, 1/8/2001, 1/8/2001 and 1/4/2013 respectively, for doing the work of Overhead Tank Operators and Head House Pumping Operators. It is the grievance of the petitioners that they have put in 20 years of service and now they are getting consolidated monthly wages of Rs.8500.00 and they are entitled for regularization once they have completed 10 years of service, in the light of G.O.Ms.No.74, Personnel and Administrative Reforms (F) Department dtd. 27/6/2013. In this regard, the petitioners have submitted representations dtd. 12/7/2021 to regularize their services from the date of their respective initial appointment and since no order has been passed, they have filed the present writ petition.

(3.) The respondents have filed a detailed counter affidavit wherein it has been stated that the Government had passed G.O.Ms.No.74, P&AR (F) Department dtd. 27/6/2013, regularizing the service of full time daily wage employees, who have rendered 10 years of service as on 1/1/2006, in Government Departments, against regular vacancies in the sanctioned strength, with effect from 1/1/2006. The same was applicable only to full time daily wage employees, who were initially appointed on full time basis in consultation with Employment Exchange to discharge the functions in basic service and completed 10 years as on 1/1/2006. Since the petitioners were either appointed as full time daily wage or recruited through daily wage and completed ten years as on 1/1/2006, there were not considered for regularization under the above G.O.Ms.No.74 dtd. 27/6/2013. The second respondent has issued reply to the petitioners vide Na.Ka.No.8059/2014/A3 dtd. 21/4/2014 and the copy of the same was also received and acknowledged by them.