LAWS(MAD)-2019-2-378

T.PORKODI Vs. COMMISSIONER

Decided On February 12, 2019
T.Porkodi Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the first respondent to issue a direction to the second respondent on considering the representation dated 07.09.2017 and to issue arrears of salary from the date of appointment with regularization of services on 17.08.1998 onwards and other statutory benefits of pension, Medical Leave and Leave salary and consequential statuary benefits, G.P.F benefits.

(2.) The writ petitioner was initially engaged as part time Kinder Garten Teacher on 16.05.1998 in Corporation of Chennai. Subsequently, the writ petitioner was allowed to continue as a Consolidated Pay Teacher and the consolidated pay was continued for several years. The writ petitioner earlier filed the writ petition to consider their case for regularization and the Government also issued G.O.Ms.No.246, so as to regularize the services of these Consolidated Pay Teachers. Based on the Government Orders, the Commissioner, Corporation of Chennai issued an order in proceedings dated 10.10.2016, regularizing the services of the writ petitioner with effect from 10.06.2009. Accordingly, the writ petitioner is now continuing as a regular teacher in the regular time scale of pay with all service benefits in accordance with the Rules.

(3.) The grievances of the writ petitioner is that though they were initially appointed during the year 1998, the benefit of regularization has been extended only with effect from 10.06.2009 and therefore, they are unable to get salary right from the date of appointment. The initial appointment was on consolidated pay and the benefit of retrospective regularization has been denied to the writ petitioner. Thus, the writ petitioner is constrained to move the present writ petition.