LAWS(MAD)-2014-12-128

THE STATE OF TAMIL NADU Vs. M. JAYA

Decided On December 08, 2014
The State of Tamil Nadu Appellant
V/S
M. Jaya Respondents

JUDGEMENT

(1.) THE Review Petition is filed taking into account the judgment of the Honourable Supreme Court in SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, CHENNAI Vs R.GOVINDASWAMY AND OTHERS [ : 2014 (4) SCC 769] wherein it has been categorically held that the part time sweepers cannot claim the scale of full time sweepers. Therefore, my order dated 03.06.3013 passed in W.P.No. 13162 of 2013 is hereby recalled.

(2.) HEARD both sides on the merits of the writ petition.

(3.) AS contended by the learned counsel for the review petitioners, the periodical increase in pay as contemplated under G.O.Ms.No. 234, Finance (Pay Cell) Department, dated 01.06.2009 relates to the part time employees on consolidated pay and that would redress the grievance of the Part Time employees to some extent. It is now well settled that a part time employee cannot claim the scale of the full time employee. But the part time employee is entitled for the benefit of periodical increase in pay as given by the Government on par with others in those categories. Therefore, they are entitled to the benefit of increase in pay periodically as provided in G.O.Ms.No. 234, Finance (Pay Cell) Department dated 01.06.2009.