D CHRISTY Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, CHENNAI

JUDGEMENT

(1.) The petitioners were appointed as Substituted Workers in the third respondent Hospital on 09.06.1988 and on 29.10.1991, respectively. They were engaged in various types of works like Scavenging, Pump Operator, Lift Operator, Motor Operator, Operation Theater Assistants, Office Attenders, Patient Ward Attenders etc. They were originally sponsored by employment exchange and they were subjected to interview before they came to be appointed as Substituted Workers.

(2.) Ever since the date of their original appointment in 1988 and 1991, the petitioners have been continued in service without any interruption except on one occasion, where 90 days break was given between two spells of service. Many of the similarly placed substituted workers, who had been employed for a long number of years, had represented to the Government for regularisation of their services. Since their request was not considered favourably, they had approached the then Tamil Nadu Administrative Tribunal and filed Original Application, which was dismissed by the Tribunal. Aggrieved by the same, Writ Petitions in W.P.Nos.4920 to 4923 of 2004 were filed before this Court. When the Writ Petitions were taken up for hearing, the Court was informed that the Government has passed G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, wherein, the Government have issued instructions to regularise the services of daily wage employees, who had rendered 10 years of service as on 01.01.2006. Based on the statement on behalf of the Government, the Writ Petitions came to be disposed of.

(3.) In pursuance of the issuance of above G.O.Ms.No.22, P & AR Department, dated 28.02.2006, several hundred employees' services came to be regularised. Separate Government Orders were also issued in respect of the Substituted Workers, employed under the respondents and several hundred Substituted Workers' services came to be regularised under the respondents. Particularly under G.O.Ms.No.149 dated 08.05.2007, such benefit had been conferred on 383 Substituted Workers, who had rendered 10 years or more continuous service. However, the said G.O.Ms.No.149, dated 08.05.2007, prescribes that regularisation of services of employees would be subject to the condition that break in service between two spells of employment should not exceed 90 days. By applying the said exception, the names of these petitioners, though originally found in the list for regularisation, were not considered.