LAWS(MAD)-2019-3-335

M.AROKIYA DOSS Vs. UNION OF INDIA

Decided On March 12, 2019
M.Arokiya Doss Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to the respondents 1 to 4 to regularize the service of petitioner in the post of Block Level Co-ordinator, who is now continuing as a consolidated pay worker.

(2.) The writ petitioner states that he was appointed as Block Level Co-ordinator during the year 2005 by the 4 th respondent/Collector. However, it is an admitted fact that the writ petitioner was appointed on a consolidated pay of Rs.6,000/- per month initially and subsequently, the consolidated pay was increased. The petitioner states that as per the Swachh Bharat Mission, the State Government has an obligation to set up a Block Programme Management Unit(BPMU) which shall work as a bridge between the District Experts and Various other agencies to provide continuous support in terms of awareness generation, motivation, mobilization, training and handholding of village communities. The petitioner is working as Block Level Co-ordinator for the past 13 years, in view of the fact that the scheme is to be continued as per the Government of India scheme, the petitioner states that he must be observed in the permanent sanctioned posts in the regular time scale of pay.

(3.) The learned Government Advocate appearing on behalf of the respondents state that the writ petitioner was appointed under a scheme on a consolidated pay. The writ petitioner was paid the consolidated pay of Rs.6,000/- initially and subsequently it was enhanced to Rs.9,000/- plus travelling allowances. The writ petitioner is appointed under a scheme on a temporary basis and on a consolidated pay and therefore, the services of the writ petitioner cannot be regularized as he was not recruited as per the recruitment Rules in force.