JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the entire records relating to the issue of proceedings bearing Letter No.81200/Transport 4/2000-13 dated 06.01.2005 on the file of the 1st respondent and the proceedings bearing No.48841/R4/2004 dated 21.03.2005 on the file of the 2nd respondent and quash the same as far as the petitioner is concerned and direct the respondents herein to regularize the service of the petitioner in the post of Sweeper w.e.f. the date of her appointment i.e., 10.12.1984 in terms of G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.02.2006 and grant all consequential benefits.)

1. The petitioner, challenging the impugned orders dated 06.01.2005 and 21.03.2005 passed by the respondents 1 and 2 respectively, in and by which, her request for regularising her services came to be rejected, has filed the present writ petition.

2. The case of the petitioner is that she was selected through Tamil Nadu Public Service Commission to the post of Sweeper/Sanitary Worker at the office of the Regional Transport Office, Coimbatore by the fourth respondent, vide proceedings dated 05.12.1984. The petitioner was appointed on temporary basis and joined duty with effect from 10.12.1984 and she is working in the said post without any break on temporary basis till date. It is further averred by the petitioner that the Government of Tamil Nadu vide G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.02.2006 have directed that the services of the employees working in various Government Departments on daily wages basis and who have completed more than 10 years of service as on 01.01.2006, be regularized by appointing them in the Time Scale of Pay of the post in accordance with the service conditions prescribed for the post and following the said Government Order, similarly placed persons got regularized and therefore, by relying on the said Government Order, the petitioner had submitted various representations dated 23.09.1995, 22.08.2002, 12.09.2002, 23.09.2003 and 06.10.2008 requesting the respondents to consider the petitioner's case for regularization of service. However, the respondents 1 and 2 rejected the petitioner's request, vide impugned orders dated 06.01.2005 and 21.03.2005 respectively and challenging the same, the present writ petition has been filed.

3. Mr.T.Arunkumar, learned Additional Government Pleader for the respondents would submit that the petitioner was working only as Part Time Sweeper and in the light of subsequent modified Government Orders, the petitioner is not entitled for regularization and therefore, the respondents had rightly rejected the claim of the petitioner, vide the impugned orders and therefore, prays for dismissal of this writ petition.

4. This Court has considered the submissions made and also perused the materials placed before it.

5. The issue involved in the present writ petition is whether the services of the petitioner, who is working as Part Time Sweeper, is entitled for regularization ?

6. The issue has already been decided by the Hon'ble Apex Court in the decision in Secretary to Government, School Education Department, Chennai v. Govindaswamy and Others [(2014) 4 SCC 769], wherein the Hon'ble Apex Court has held as follows:

“6.In State of Karnataka & Ors. v. Umadevi & Ors., AIR 2006 SC 1806, this Court held as under:

“48.There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for