S.RAVIRAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) All the three petitioners, claiming to be receiving daily wages and working continuously in the Government Engineering College, Palayamkottai as Gardeners from 1.2.95, have come to this Court seeking a common prayer for issuance of a writ of mandamus, directing the first respondent to consider their representations to bring them into regular establishment/time scale of pay with all consequential benefits, both service and monetary.

(2.) Learned counsel for the petitioners submitted that all the petitioners have been working in the Government Engineering College, Palayamkottai on daily wage basis as Gardeners from 1.2.95. For the reason that their services were not regularised even after five years from the date of joining duty, O.A.Nos.2435 & 2437 of 2001 were filed before the Tamil Nadu Administrative Tribunal seeking an order of injunction forbearing the respondents from ousting them from service as NMR Civil Gardeners from the college with a consequential direction to regularise their services as per the policy and Government Orders issued from time to time in this regard. Adding further, he submitted that the Tribunal, by its order dated 4.4.2001, directed the respondents to continue the petitioners in service in the same fashion and the manner in which they have been continued all along, if the work performed by them continued to be available. In the light of the order passed by the Tribunal on 4.4.2001, the petitioners were permitted by the college to continue in service after utilising them as Plumber/Watering the garden/Electrician Helper manually and allowed them to work continuously in the same capacity. Since the respondents, even after receipt of the order, failed to take action, they made representations followed by reminders. Again all those went in vain. In the meanwhile, the Government have issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.2.2006 to regularise the services of employees working on daily wage basis like the petitioners, if they have completed ten years of service as on 1.1.2006. As the petitioners are working from 1.2.95 continuously, they are entitled to get the benefit of the said Government Order.

(3.) Continuing his arguments, he submitted that in the meanwhile, after the abolition of the Tribunal, the Original Applications stood transferred to this Court and re -numbered as W.P.Nos.3598 & 3599 of 2006 and finally this Court also, by order dated 1.3.2010, passed the following order: -