T RAJA REDDY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the first respondent to regularise the services of the petitioner and brought him under the regular establishment in the cadre of Sweeper in the time scale of pay.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner joined as a Sweeper in the Government High School, Nellamarathukandigai, in the year 1976 and continuing in the post of Sweeper till today. The writ petitioner was paid the consolidated monthly pay. The learned counsel for the writ petitioner made a submission that the writ petitioner is allowed to work for more than 3 decades and the services of the petitioner is yet to be regularised. The petitioner contends that it is an exploitation on the part of the respondents in allowing the employee to continue for more than 3 decades on part-time basis and now denying the benefit of regularization.

(3.) This Court is of an opinion that such an exploitations are to be avoided by the State, which is to be a model employer. Undoubtedly, the writ petitioner is allowed to continue as part-time Sweeper in the said Government school. However, the benefit of regularization has not been granted on account of the fact that the initial appointment was not made in accordance with recruitment rules in force.