G.BOSE Vs. SECRETARY TO GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The relief sought for in the writ petition with a direction to direct the respondents to regularize the service of the writ petitioner in pursuant to the Government Order in G.O.Ms.No.111, dated 09.05.2012, from the date of his appointment with all monitory benefits.

(2.) The learned counsel for the petitioner states that the writ petitioner was engaged as a Scavenger on part time basis and he was given a consolidated monthly salary. The petitioner was continuously working as a part time employee for a considerable length of time. The learned counsel for the petitioner states that the Government issued G.O.Ms.No.22 dated 28.02.2006 granting the benefit of regularization in respect of the employees, who have completed 10 years of service.

(3.) The learned Special Government Pleader brought to the notice of this Court that the said Government Order issued in G.O.Ms.No.22, dated 28.02.2006 was withdrawn and modified Government Order was passed in G.O.Ms.No.74. Accordingly, certain terms and conditions were imposed for grant of regularization and permanent absorption. Irrespective of the Government Orders in force, now, the constitution Bench of the Hon'ble Supreme Court of India settled the legal principles in the matter of grant of regularization and permanent absorption. Regularization and permanent absorption cannot be granted in violation of the recruitment rules in force. The persons, who were not appointed in accordance with the rules in force, cannot claim the benefit of regularization. As a matter of right, certain special circumstance resulted in grant of regularization cannot be cited as a precedent by the temporary, daily-rated or consolidated employees for the purpose of securing permanent appointment.