R PAPPATHI Vs. DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) The relief sought for in this writ petition is to direct the respondents 1 to 4 to regularize the petitioner as a permanent worker and provide her regular time scale of pay as per the Government Order No.A.Aa.Nos.385 dated 01.10.2010.

(2.) The learned counsel for the writ petitioner states that the writ petitioner was initially appointed as part time Scavenger. The writ petitioner was continuously working as part time Scavenger and therefore, she has constrained to move the present writ petition seeking regularization of her service.

(3.) Admittedly, the writ petitioner was appointed as a part time Scavenger and her initial appointment was not in accordance with the rules in force. Thus, the benefit of regularization or permanent absorption cannot be granted in contravention to the recruitment rules in force. The appointment of the writ petitioner was irregular. All appointments are to be made only under the Constitutional schemes and by following the recruitment rules in force. The Hon'ble Supreme Court of India has settled the legal principles in the case of The Secretary, State of Karnataka and others .vs. Umadevi(3) and others, 2006 4 SCC 1, wherein, at Paragraph 5,10,12,13,14,20 and 43 to 50, it is held as follows: