M PERUMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioners were appointed as Part time Sweeper on daily wage basis in the District Police Office, Trichy and after serving for a considerable length of time, the first petitioner was engaged with effect from 01.04.1993 and the second writ petitioner was engaged from 01.04.1991. The Government issued G.O.Ms.No.653, Home (Police 15) Department, dated 07.08.2009, regularised the services of 1,149 part time Sweepers in the department and to place them in regular time scale of pay of 1300-3000+GP300 with effect from 01.08.2009.

(2.) The Director General of Police issued consequential orders in proceedings dated 07.10.2009 and accordingly the services of the writ petitioners were regularised with effect from 01.08.2009. However, the learned counsel for the writ petitioner states that the writ petitioners were appointed in the year 1993 and 1991 respectively and their services ought to have been regularised retrospectively with effect from the date of their initial appointment.

(3.) The learned special government pleader appearing on behalf of the respondent states that the benefit of regularisation itself was granted pursuant to the announcement made by the Hon'ble Chief Minister in the floor of the assembly. Thus the benefit of regularisation itself is a concession granted to these part time employees. Thus the concession cannot be further extended, so as to provide retrospective regularisation from the date of their initial appointment. Initial appointment of the writ petitioner was not in accordance with the recruitment rules in force and they are engaged as part time employees. The petitioners are not entitled for regularization at all. Inspite of that, pursuant to the announcement made by the Hon'ble Chief Minister, 1,149 part time employees were regularised as it time measure and in this regard, the Government issued G.O.Ms.No.653, Home (Police 15) Department, dated 07.08.2009. Under these circumstance, the writ petitioner is not entitled for any further concession in respect of the grant of retrospective regularisation.