Part-time employees are not entitled to regularisation and cannot claim parity with regular employees.

V.M. VELUMANI, J.

1. This Writ Appeal has been filed by the appellants challenging the order of the learned Single Judge, dated 26.06.2013, made in W.P. (MD) No.7886 of 2013.

2. The respondent filed above Writ Petition seeking a direction to the appellants to appoint her in regular time scale either as Sweeper or Scavenger as per the orders issued by the State Government and regularise her service from the date of her initial appointment.

3. According to the respondent, she was selected and appointed as Scavenger through Employment Exchange on consolidated pay on 03.09.1989. She is working as part-time Sweeper from the year 1989 in the Office of the Assistant Elementary Educational Officer, Mandapam Camp.

4. The first appellant passed G.O. (Ms) No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, to regularise the service of the employees, who have completed 10 years of service as on 01.01.2006. The respondent is working as Sweeper and therefore, the ban imposed by the Government is not applicable to her. Similarly placed employees were brought on regular time scale of pay as per the orders of this Court. The service of the respondent was not regularised. Therefore, the respondent filed the above writ petition for the relief stated supra.

5. The appellants contended that the respondent was appointed as part- time employee and G.O. (Ms) No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, is not applicable to part-time employees. The part-time employees are paid from contingent fund. The benefit conferred in G.O. (Ms) No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, is applicable only to full-time daily-wage employees appointed against the sanctioned vacancies and not applicable to the employees paid from contingent fund or on consolidated pay.

6. The learned Judge referring to the earlier orders passed by this Court in writ petitions and the judgments of the Division Bench of this Court passed in writ appeals, vide order dated 26.06.2013, allowed the writ petition.

7. Against the said order, dated 26.06.2013, present appeal has been filed.

8. Mr. V.R.Shanmuganathan, learned Special Government Pleader for the appellants submitted that G.O.(Ms)No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, was passed by the first appellant only to regularise the services of daily-wage employees, who have completed 10 years of service as on 01.01.2006. The said Government Order is not applicable to part-time employees or employees, who are paid consolidated wages. The daily-wage employees are working more hours than the part- time employees. This position was clarified by the Government, vide G.O. (Ms) No.74, Personnel and Administrative Reforms (F) Department, dated 27.06.2013, where it has been categorically stated that only daily-wage employees, who have completed 10 years of service as on 01.01.2006 could be regularised in the regular vacancies. It is made clear that the educational qualification and mode of recruitment cannot be relaxed. The learned Special Government Pleader further contended that some of the employees pressurized the Government through contempt petitions and obtained orders of regularisation.

9. In support of his submissions, the learned Special Government Pleader relied on the following Judgments:

(i) 2014 (4) SCC 769 [Secretary to Government, School Education Department, Chennai vs. R. Govindaswamy and others], wherein in paragraphs 7 and 8, it has been held as follows:

“7. In Union of India vs. A.S. Pillai, 2010 (13) SCC 448, this Court dealt with the issue of regularisation of part-time employees and the Court refused the relief on the ground that part-timers are free to get themselves engaged elsewhere and they are not restrained from working elsewhere when they are not working for the authority/employer. Being the part-time employees, they are not subject to service rules or other regulations which govern and