M PADMAVATHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein seeks for issuance of a writ of certiorarified mandamus to call for the records of the 1st respondent in G.O. Ms. No.27 AD & TW Department, dated 15.02.2006, and all consequential proceedings of the 3rd respondent in Na.Ka.Ya2/979/2()06, dated 07.07.2008, denying the regularization with regular scale of pay and arrears with effect from the date of initial appointment to the petitioner, quash the same and consequently, direct the respondents to regularize the services of the petitioner as Scavenger with effect from 09.11.1982 and grant regular pay scale with effect from 09.11.1982 with all arrears and other attendant benefits.

(2.) THE case of the petitioner, in brief, is given here under:

(3.) LEARNED Government Advocate, by referring to the counter affidavit filed by the third respondent, submitted that the petitioner having joined the service of the respondents in the post of Scavenger, cannot claim benefits in terms of what was given to the Cooks G. Narayanasamy, J. Prakasammal and Kuppabai for the reason that those three persons were appointed in the vacancies against Cooks that were brought into the time scale of pay from the date of their initial appointment as per Government Norms, whereas, in the case of the petitioner, she was appointed with the working duration per day for about three years, therefore, she cannot be treated on par with the Cooks who have to work from the morning till late night. However, the ser \ ice of the petitioner was also regularized by the impugned G.O. and hence, she cannot be allowed to assail the said proceedings issued by the first respondent.