JUDGMENT :

D. KRISHNAKUMAR, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to consider the claim of the petitioners for regularization of their service from the respective dates of their initial appointment, with consequential benefits of placement in the Time Scale of Pay and other attendant benefits and pass orders in the light of their representation dated 12.07.2021.

1. The prayer in the Writ Petition is for a Mandamus, directing the first respondent to consider the claim of the petitioners for regularization of their service from the respective dates of their initial appointment, with consequential benefits of placement in the Time Scale of Pay and other attendant benefits and pass orders in the light of their representation dated 12.07.2021.

2. The petitioners joined service as NMR workers on daily wage basis in Tiruninravur Town Panchayat w.e.f. 10.03.1998, 01.08.2001, 01.08.2001 and 01.04.2013 respectively, for doing the work of Overhead Tank Operators and Head House Pumping Operators. It is the grievance of the petitioners that they have put in 20 years of service and now they are getting consolidated monthly wages of Rs. 8,500/- and they are entitled for regularization once they have completed 10 years of service, in the light of G.O.Ms. No. 74, Personnel and Administrative Reforms (F) Department dated 27.06.2013. In this regard, the petitioners have submitted representations dated 12.07.2021 to regularize their services from the date of their respective initial appointment and since no order has been passed, they have filed the present writ petition.

3. The respondents have filed a detailed counter affidavit wherein it has been stated that the Government had passed G.O.Ms. No. 74, P&AR (F) Department dated 27.06.2013, regularizing the service of full time daily wage employees, who have rendered 10 years of service as on 01.01.2006, in Government Departments, against regular vacancies in the sanctioned strength, with effect from 01.01.2006. The same was applicable only to full time daily wage employees, who were initially appointed on full time basis in consultation with Employment Exchange to discharge the functions in basic service and completed 10 years as on 01.01.2006. Since the petitioners were either appointed as full time daily wage or recruited through daily wage and completed ten years as on 01.01.2006, there were not considered for regularization under the above G.O.Ms. No. 74 dated 27.06.2013. The second respondent has issued reply to the petitioners vide Na. Ka. No. 8059/2014/A3 dated 21.04.2014 and the copy of the same was also received and acknowledged by them.

4. Mr. P. Balathandayutham, learned Special Government Pleader for the respondents 1 to 4 submitted that there was no sanctioned post in Town Panchayats and the petitioners were not recruited through employment exchange or through regular recruitment process and they were not appointed as full time daily wage and they have been engaged on contractual arrangements to manage the water supply to the Town Panchayats for few hours in a day, for 3 to 4 hours only and hence, there is no question of continuous or uninterrupted service or regularization of service arises and prays for dismissal of this writ petition.

5. The issue involved in the present writ petition is whether the services of the petitioners, who are working as Part Time Over Head Tank Operator and Head House Pumping Operators, are 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 vs. R. Govindaswamy and Others, (2014) 4 SCC 769, wherein the Hon'ble Apex Court has held as follows:

“6. In State of Karnataka and Others vs. Umadevi and Others, 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 temp