P.BANUMATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this Writ Petition is for a direction to the first respondent to regularize the services of the Petitioners in the posts of cook from the date of their appointment in the light of G.O.Ms.No.22, Personnel and Administrative Reforms(F)Department, dated 28.2.2006 with all service and monetary benefits to the Petitioners.

(2.) The learned counsel appearing on behalf of the Writ Petitioners forcibly contended that the Writ Petitioners are entitled for permanent appointment in sanctioned post in view of the fact that the Writ Petitioners continued in service for a considerable length of time. The Writ Petitioners, admittedly was appointed as Cook on consolidated pay. The grievance of the Writ Petitioners is that they had already completed 10 years of service as temporary cook and therefore they are entitled to be regularized in the sanctioned post in the time scale of pay in view of G.O.Ms.No.22, Personnel and Administrative Reforms(F)Department, dated 28.2.2006. The learned counsel appearing on behalf of the Writ Petitioners state that the claim of similarly placed persons were considered and those persons were brought under regular time sale of pay. Thus the case of the Writ Petitioners has also to be considered.

(3.) The Government order issued in G.O(Ms)No.25, Adi Dravida and Tribal Welfare Department, dated 25.2.2011 stated that the consolidated pay employees shall be granted with the time scale of pay. On a perusal of the Government Order, the G.O was issued to grant special time scale of pay to these consolidated pay employees. However, the said Government Order is unconnected with the grant of regularization and permanent absorption. Therefore, if at all the Petitioners are liable for special time scale of pay as per the above Government Order, the case of the Petitioners shall be considered. Grant of special time scale of pay would not confer any right on the candidate who seek regularization or permanent absorption in the sanctioned post in the regular time scale of pay. Thus the Writ Petitioners if otherwise eligible for special time scale of pay, the same shall be considered as per the terms and conditions in the Government Order in force. The learned counsel appearing on behalf of the Writ petitioners draw the attention of this Court in respect of the letter issued on 19.1.2019 which states that cases of such consolidated pay employees are under consideration for the purpose of granting special time scale of pay in accordance with the Government Orders. All these Government Orders are in relation to the grant of special time scale of pay and undoubtedly not connected with the benefit of regularisation and permanent absorption.