K.G.SAMPATHKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The notices issued by the Commissioner, Marimalai Nagar Municipality in proceedings dated 17.08.2017, stating that the writ petitioners are not entitled for the regularization and permanent absorption are under challenge in the present writ petitions. Further, a direction is sought is to direct the respondents 2 to 3, to bring the petitioners into regular time scale of pay of Rs.2550-50-2650 w.e.f.23.02.2006 onwards and to pay the difference in salary with all arrears.

(2.) The learned counsel for the writ petitioners state that the writ petitioners were engaged as casual workers for maintenance of Over Head Tank in the 3rd respondent Municipality during the year 1994. They were engaged on a consolidated pay and they are continuing in service without any break and therefore, they are entitled for regularization and permanent absorption. The petitioners state that as per the G.O.Ms.No.21, Municipal Administration and Water Supply Department dated 22.03.2006, the writ petitioners are entitled to be brought under the regular establishment in the regular time scale of pay. However, the benefit extended by the Government by way of a policy in G.O.Ms.No.21, has not been extended in favour of the writ petitioners. The writ petitioner are continuously working for more than two decades and therefore, they are entitled for regularization and permanent absorption with reference to the policy decision taken by the Government in G.O.Ms.No.21.

(3.) The learned counsel for the petitioners state that even as per the instructions issued by the superior officials, the writ petitioners are made to work as a full time employees and therefore, the benefit of permanent absorption cannot be denied at all.