2015 Supreme(Mad) 2151

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATISH K. AGNIHOTRI & M. VENUGOPAL, JJ.
The Secretary to Government of Tamil Nadu & Others - Petitioners
Versus
M. Rani - Respondent
W.A.Nos. 1289, 1410, 1411, 1537, 1557, 1558, 1608, 1609, 1736 of 2014, 270, 279, 293, 300, 335, 365, 477, 492, 514, 518, 598, 623, 629, 652 to 654, 664, 677, 693, 696, 721, 768, 778 & 779 of 2015 & Connected Miscellaneous Petitions
Decided On : 30-06-2015

Headnote:

Tamil Nadu Panchayats Act, 1958 – Sections 178, 58 – Tamil Nadu Panchayat Establishment Rules, 1988 – Rules 2, 15 – Regularisation of service – Appointment – Instant appeals are filed by the State Government and the respective Town Panchayats against the orders passed separately by learned Single Judges, wherein, it was held that the writ petitioners are entitled to regularisation of their service on completion of three years from the date of initial appointment/entry into service. – Held, Employees involved in the instant cases are Sanitary Workers, Electrician, Electrician Helper, Fitter, Meter Reader, Pipe Line Maintenance Helper, Overhead Tank Operator, Watchman, Office Assistant, Motor Operator, etc. appointed in Town Panchayats under other Government Orders, wherein, several Single Benches and Division Benches have considered the matter and held that the said employees appointed on consolidated pay are entitled to regularisation after three years. – As court have observed in the preceding paragraphs, the respondents were informed at the time of their appointment that their appointment was on consolidated pay, subject to pay enhancement by 10% every year initially for a period of one year at a time, subject to renewal on assessment/review after a period of three years. – It was also indicated to the respondents that their cases may be considered for regularisation on assessment of their performance. – Thus, it is not a case of appointment on consolidated pay or daily wages simplicitor. – Albeit appointment was of temporary nature, however, that was subject to regular assessment and probable regularisation on completion of three years. – Thus, the respondents are not entitled to regularisation on completion of three years automatically, without consideration of their performance. – On assessment/review, if it is found that their performance is satisfactory, they are entitled to be granted time scale on regular basis. – Court is not delving into other questions, viz., res judicata and also regularisation of ad hoc/daily wage employees, as the same are not relevant and necessary in the contextual background of the facts involved in these cases. – Court is not referring to and discussing all the decisions cited by the learned counsel appearing for the parties on different issues, which are not germane for adjudication of the issue involved herein. – Appeals Partly Allowed