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KURIAN JOSEPH, R.BANUMATHI
SECRETARY TO GOVT. COMMERCIAL TAXES AND REGISTRATION DEPARTMENT, SECRETARIAT – Appellant
Versus
A. SINGAMUTHU – Respondent
Key Points: - The judgment holds that part-time employees are not entitled to regularization when orders specify regularization only for full-time daily wage employees. (!) - G.O. Ms. No. 22 (2006) is applicable to full-time daily wage employees; part-time Masalchis are not covered, per G.O. Ms. No. 74 (2013) and related explanations. (!) (!) - The High Court’s direction to grant regularization from the date of completion of ten years of service to the respondent was reversed; monetary benefits are to be conferred from the date of the government order, not retroactively. (!) (!) (!) - Relaxation of rules and retrospective regularization could incur substantial financial implications for the State and affect several similarly situated employees. (!) (!) - The decision emphasizes that part-time or casual employment does not create a right to regularization, and courts should avoid back-door entries or regularization contrary to rules. (!) (!) (!) - G.O. No. 84 (2012) clarified that G.O. No. 22 applies only to full-time daily wagers as of 01.01.2006, not to part-time employees. (!) (!) - The respondent, a part-time Masalchi, was regularized only insofar as a later government order permitted, with monetary benefits from the date of that order. (!) (!)
JUDGMENT
R. BANUMATHI J.
Leave granted.
2. This Civil Appeal arises out of the judgment of the High Court of Judicature at Madras dated 04.07.2012 dismissing the Writ Appeal No.1209 of 2012 thereby affirming the order of the learned Single Judge directing to grant regularization to the respondent from the date of completion of ten years of service with salary and other benefits.
3. The respondent herein was appointed as a part-time Masalchi through Employment Exchange on 01.04.1989 and continued to work there and as part- time Masalchi attended the menial work in the appellant-department at District Registrar Office, Trichy in the State of Tamil Nadu.The respondent completed ten years of service as part-time Masalchi on 31.03.1999. In G.O. Ms. No.22 Personnel and Administrative Reforms (F) Department, dated 28.02.2006, the State Government of Tamil Nadu directed that the services of the fulltime daily wages employees working in all Government Departments, who have rendered ten years of service as on 01.01.2006 be regularized by appointing them in the time scale pay of the post concerned subject to their being otherwise qualified for the post. In furtherance to the above Government O
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