R MUTHUMARI Vs. DIRECTOR,ARCHEOLOGICAL DEPARTMENT

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the second respondent to regularise the service of the petitioner in the permanent post of watchman in Archeological Department and confer permanent employee status as per G.O.Ms.No.528, Personnel and Administrative Reforms (Per.F) Department, dated 10.10.1998 and G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28.02.2006.

(2.) The affidavit filed in support of the writ petition states that the writ petitioner was appointed as watchman in the third respondent Office during the year 1993 for a consolidated salary of Rs.250/- per month. The petitioner claims that an order of appointment was issued by the first respondent in proceedings dated 21.04.1993. As such, he was appointed as part-time watchman in Kattapomman Kottai situated in Kamuthi Village of Ramanathapuram District. The petitioner was continuing as part-time watchman for the past many years. The consolidated pay was enhanced to Rs.1050/- and thereafter periodically enhanced. The claim of the writ petitioner is that the Government issued G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02006, to regularise the service of the temporary, casual and daily rated employees and to bring them only under the regular establishment.

(3.) However, the learned Special Government Pleader appearing for the respondents informed the Court that the said G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28.02.2006 had been withdrawn by the Government and a subsequent G.O.Ms.No.74 Personnel and Administrative Reforms Department, dated 27.06.2013 has been issued. The G.O.Ms.No.74 imposed certain conditions for granting regularisation of temporary/daily rated employees. However, in the present writ petition, the writ petitioner is continuing only as part-time watchman. Thus, the benefit of Government Orders cannot be granted and furthermore, the Government Orders itself are in contravention with the legal principles settled by the Constitution Bench of the Honourable Supreme Court of India. The Government cannot issue orders contrary to the legal principles settled by the Constitution Bench of the Honourable Supreme Court of India, in view of the legal position that the settled principles became the law of the land under Article 141 of the Constitution of India. Any State Government issuing orders contrary to the legal principles settled by the Constitution Bench of the Honourable Supreme Court of India cannot be implemented and become unconstitutional.