Sanitary workers are entitled to regularisation with time scale of pay from the date of their initial appointment, not from the date of G.O.Ms.No.21.

ORDER :

R. MAHADEVAN, J.

Rev. Aplc. (MD)No. 87 of 2014 has been filed by the State seeking to review the order passed by the Division Bench of this Court in W.A.(MD)No.729 of 2013 dated 23.07.2013.

2. Rev.Appl.No.223 of 2015 has been filed by a third party to the writ proceedings seeking to review the Full Bench Judgment of this Court in W.P.(MD)No.1083 of 2012 and W.A.(MD)No.555 of 2010 dated 29.11.2013.

3. Rev.Appl.No.254 of 2015 has been filed by the first petitioner in W.P.(MD)No.1083 of 2012 seeking to review the Full Bench Judgment of this Court in W.P.(MD)No.1083 of 2012 and W.A.(MD)No.555 of 2010 dated 29.11.2013.

The facts and circumstances leading to clubbing of these review applications are as follows:

4. The core issues involved in all the review applications are as to whether the sanitary workers employed in the Municipalities of the State are entitled to be regularised with time scale of pay on completion of three years of service. If yes, then whether from the date of appointment or from the date of completion of three years or from 23.02.2006 ?.

5. The writ petition in W.P.(MD)No.4978 of 2012 was filed by the writ petitioners seeking to quash the order dated 28.07.2006 wherein their plea for regularisation after completion of three years from the date of appointment with time scale of pay was rejected by the State. Applying G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.02.2006, the learned Single Judge disposed the writ petition directing the respondents therein to regularise the services of the writ petitioners on their completion of three years and to pass orders within a period of six weeks. Aggrieved, an appeal in W.A.(MD)No.729 of 2013 was filed by the State. The Writ Appeal was allowed following the judgment of another Division Bench Judgment in W.A.Nos.47 and 385 of 2010, holding that the issue has to be dealt with as per G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 15.11.2010, with a direction to regularise the service of the writ petitioners on completion of three years. It is pertinent to mention here that the order was passed by consent. Contending that the earlier Division Bench Judgment in W.A.Nos.47 and 385 of 2010 is not applicable to the facts of the case as held by the Full Bench in W.P.(MD).No.1083 of 2012 and W.A.(MD) No.555 of 2010 dated 29.11.2013 reported in 2013(6)CTC 593, and that the decision in W.A.No. 729 of 2013 has been overruled by the Full Bench and that G.O.Ms.No.199 is not applicable and only G.O.Ms.Nos.101, 71 and 21, Municipal Administration and Water Supply Department dated 30.04.1997, 05.05.1998 and 23.02.2006 respectively would be applicable as held by the Full Bench and that the sanitary workers are entitled to be regularised only with effect from 23.02.2006, the Rev.Aplc.No.87 of 2014 has been filed by the State to recall the order of the Division Bench.

6. Rev.Appl.No.223 of 2015 has been filed by a sanitary worker, a third party to the writ petition seeking review of W.P.(MD)No.1083/2012 and W.A.(MD)No.555 of 2010 dated 29.11.2013 of the Full Bench, contending that the earlier Full Bench had not taken into account that the contents of G.O.Ms.No.71, Municipal Administration and Water Supply Department, dated 30.04.1997 and G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997 are same except for the fact that G.O.Ms.No.71 was applicable to Municipalities and G.O.Ms.No.199 was applicable to Town Panchayats and that since the Division Benches of this Court directed regularisation with time scale of pay to the sanitary workers in Town Panchayats from the date on which they completed three years, the Review Application No.69 of 2013 was allowed by the Division Bench based on the submissive representation on behalf of the State that the regularisation of sanitary workers are to be made as per G.O.Ms.No.71. It is contended that many workers in the Municipalities through out the State were regula