(1.) The order of rejection dated 13.02.2017, rejecting the claim of the writ petitioners for regularization and permanent absorption in the sanctioned posts, in the regular time scale of pay, is under challenge in the present writ petition.
(2.) The impugned order states that the policy to be implemented in G.O.Ms.No.22 Personal and Administrative Reforms Department dated 01.01.2006, had been withdrawn by the Government and a revised order in G.O.Ms.No.74, Personal and Administrative Reforms Department dated 26.07.2013 was issued. Though the writ petitioners had completed 10 years of service as a daily wage employees, their services were not regularized. They have not been appointed through Employment Exchange and they have not served against sanctioned posts. In view of the fact that the writ petitioners were not appointed through the District Employment Exchange nor through any Selection Committee and they were appointed in sanctioned posts, their claim for regularization or permanent absorption was rejected by the respondents vide impugned order dated 13.02.2017.
(3.) The learned counsel for the writ petitioners states that the petitioners were selected and appointed as 'Salaipaniyalar' by the Highways Department, on daily wage basis and they are in continuous service for more than 21 years. On account of long service rendered by the writ petitioners, they are entitled to regularization or permanent absorption in the sanctioned post in the regular time scale of pay . It is further contended that the benefit of regularization or permanent absorption was granted to all other similarly placed persons. Therefore, paragraph No.53 of the decision of this Constitutional Bench of the Hon'ble Supreme Court in the case of the State of Karnataka Vs. Umadevi reported in 2006 [4] SCC 1 shall be applied to the case of the writ petitioners, by granting regularization and as one time measure. In this regard, the writ petitioners relied upon the judgment of the Supreme Court in the "Surendhar Kumar Vs Greater Noida Industrial Development Authority"?, reported in (2015) 14 SCC
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