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2019 Supreme(Mad) 2071

S.M.SUBRAMANIAM
A. Glory Marry – Appellant
Versus
secretary to Government, Finance Department, Secretariat, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.A.Ramalingam
For the Respondents: Mr.A.N.Thambidurai

ORDER :

1. The relief sought for in the present writ petition is for a direction to direct the respondents herein to regularize the service of the writ petitioner in the post of Helper in line with the similarly situated persons regularized under various Government orders and to retain the petitioner in service, until the petitioner reaches the age of superannuation.

2. The writ petitioner was appointed as a Mazdoor on daily wage basis. However, the appointment of the writ petitioner as a Mazdoor on daily wage basis can be allowed based on need basis and the authorities are at liberty to allow the writ petitioner to continue in service on daily wage basis.

3. However, the regularization or permanent absorption cannot be granted in violation of the recruitment rules in force. The writ petitioner was appointed during the year 1979 on daily wage basis as a Sweeper.

4. The learned counsel for the writ petitioner states that the petitioner has served more than 3 decades and by virtue of his length of service in the department, his service is to be regularized in a sanctioned post in regular time scale of pay.

5. It is contended that the cases of the similarly placed persons were already cons

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