S.VETTYVEL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned letters dated 31.07.2017 and 26.07.2018 of the 1st respondent and for a consequential direction to regularise the service of the petitioners as Masdoor Grade I and II and to pay all the service and monetary benefits.

(2.) The case of the petitioners is that they were appointed as Casual labourers / NMRs in the office of the 5th respondent during the year 2008-10 and they have been continuously working as a casual labourer. According to the petitioners, they have also completed 10 years of service and therefore, they should have been regularised in service. Therefore, a representation was made by the petitioners pursuant to the orders passed by this Court in WP No.42324 of 2016 dated 01.12.2016. The representation has been rejected by the 1st respondent through the impugned letters dated 31.07.2017 and 26.07.2018 . Aggrieved by the same, the present writ petition has been filed before this Court.

(3.) Mr.P.S.Siva Shanmugasundaram, learned Special Government Pleader appearing on behalf of the respondents 1 to 5 submitted that after the Judgement of the Hon'ble Supreme Court in [State of Karnataka Vs.A.Umadevi and others] reported in 2006(4) SCC 1, no such regularisation can be done unless the persons have been holding a sanctioned post. The learned counsel submitted that even if the petitioners are to lay their claim based on G.O.Ms.No.22, Personnel and Administrative(Reforms) Department dated 28.02.2006, they have to come within the cut off date, which was fixed as 01.01.2006. The learned counsel submitted that the petitioners did not have the legal right to be considered for regularisation and therefore, there is absolutely no ground to interfere with the impugned letters of the 1st respondent.