JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to regularize the petitioner's service as full-time sweeper on the date of completion of ten years of part time service from 26.09.1989 and to pay time scale of pay and other benefits payable with effect from 26.09.1999 by counting the 50% of part time service for the purpose of pension in the light of the order passed in W.A.(MD) No.93 of 2018, dated 27.03.2018 as confirmed by the Apex Court by dismissal of S.L.P.No.23980 of 2018.)

The prayer in this writ petition is for issuance of a writ of mandamus directing the respondent to regularize the petitioner's service as full-time sweeper on the date of completion of ten years of part time service from 26.09.1989 and to pay time scale of pay and other benefits with effect from 26.09.1999 by counting 50% of part time service for the purpose of calculating pension in the light of the Judgment, dated 27.03.2018, passed in W.A.(MD) No.93 of 2018, as confirmed by the Apex Court by dismissal of S.L.P.No.23980 of 2018.

2. According to the petitioner, she was appointed as part time Sweeper in the respondent School on 26.09.1989 in a sanctioned post. Even though the nomenclature of the said post is Sweeper, the nature of the work done by the petitioner was that of the work done by a full time employee and she was paid a meager sum of Rs.70/- per month. At that time, the Government passed G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006, regularizing the services of the daily wage employees working in Government Departments, who have rendered ten years of service as on 01.01.2006. Since, according to the petitioner, she has also rendered more than 32 years of service, she made several representations to the respondent, seeking regularization of her service based on G.O.Ms.No.22, dated 28.02.2006. Since the respondent has not considered the petitioner's representations, she has filed a writ petition before this Court and this Court directed the respondent to consider the petitioner's representations and pass orders on merits. However, the respondent rejected the petitioner's claim on the ground that G.O.Ms.No.22, dated 28.02.2006 is not applicable to the part time employee. Subsequently, the Honourable Division Bench of this Court in W.A.(MD) No.93 of 2018 considered the issue as to whether the part time employees are entitled to the benefit under G.O.Ms.No.22 and by Judgment dated 27.03.2018, held that the part time employees are entitled to the relief of G.O.Ms.No.22 as long as they are appointed in sanctioned posts. The special leave petition in S.L.P.No.23980 of 2018 filed by the Department challenging the said Judgment was also dismissed by the Honourable Supreme Court by order dated 24.09.2018. Thereafter, according to the petitioner, the service of several part time Sweepers were regularized and hence, the petitioner made a representation to the respondent seeking regularization of her service also. Since the said representation has not been considered by the respondent, she has filed this writ petition seeking the relief as stated above.

3. The learned counsel appearing for the petitioner would submit that the petitioner has rendered the service as part time Sweeper in the respondent School for more than 32 years. As per G.O.Ms.No.22, dated 28.02.2006, the petitioner is entitled for regularization of her service. But, the respondent has rejected her claim on a vexatious ground. In similar matters, this Court by order dated 22.02.2017 in W.P.(MD) No.5935 of 2013 and Judgment dated 27.03.2018 in W.A.(MD) No.93 of 2018, directed the Authorities concerned to regularize the services of the petitioners therein by considering their representations based on G.O.Ms.No.22, dated 28.02.2006. Therefore, the learned counsel prays for a direction to the respondent herein on the same line of the aforesaid orders passed by this Court.