N KANAGARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to provide employment to the petitioners with continuity of service and regularize their services of the petitioners in the 4th respondent Municipality as sweepers by considering their representation, dated 14.11.2011 and 28.11.2011.

(2.) The learned counsel appearing on behalf of the writ petitioners state that the petitioners were engaged as Sweepers on contract basis for about 6 years from the year 2004. At one point of time, the writ petitioners were engaged on daily wage basis. However, the petitioners were serving through respective contractors. In these circumstances, the petitioners state that they are entitled for regularisation and permanent absorption on the ground of length of service rendered by them with the respondent Municipality. The learned counsel for the petitioners further state that the Government issued number of orders granting regularisation and permanent absorption in respect of the similarly placed persons. Further, the benefit of Government Orders issued in G.O.Ms.No.22 and G.O.Ms.No.74 has not been extended to the writ petitioners. Thus, the writ petitioners constrained to move the present writ petition under Article 226 of the Constitution of India.

(3.) The learned Special Government Pleader appearing on behalf of the respondents 1 to 3 states that the writ petitioners were not even appointed by the Government officials. The writ petitioners were engaged by the Contractors concerned and they were serving on daily wages with the contractors. Thus, at no point of time, the Government salary was disbursed to the writ petitioners and they were not appointed by the competent appointing authorities of the Government. Thus, the benefit of regularisation or permanent absorption cannot be granted to the writ petitioners.