LAWS(MAD)-2019-2-363

S.LALITHA Vs. DISTRICT COLLECTOR

Decided On February 12, 2019
S.LALITHA Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the respondent to consider the petitioner for appointment to the post of sweeper in Kelamangalam Town Panchayat under the control of 3rd respondent, considering her 11 years of service rendered by the writ petitioner as sweeper.

(2.) The learned counsel for the writ petitioner states that the writ petitioner studied up to 6th standard and registered her name in the Employment Exchange. The writ petitioner is fully eligible and qualified for an appointment to the post of sweeper in Kelamangalam Town Panchayat. Now the writ petitioner is working continuously for about 11 years on consolidated pay and therefore, her case is to be considered for regularization and permanent absorption.

(3.) The learned Government Advocate appearing on behalf of the respondents states that the writ petitioner is not the staff of Kelamangalam Town Panchayat. The writ petitioner was not given salary by the Kelamangalam Town Panchayat. The writ petitioner is being engaged as a contract staff by the Women Self Help Groups for sanitary work. The writ petitioner was engaged through outsourcing and therefore, she is not entitled to claim the benefit of regularization or permanent absorption. The contract amount as per the rate fixed by the District Administration is given to the Women Self Help Groups. The Kelamangalam Town Panchayat is having linkage with the Women Self Help Groups and therefore, the persons engaged by such Women Self Help Groups cannot be construed as employees of the Kelamangalam Town Panchayat.