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S. M. SUBRAMANIAM
S. Thirumoorthy – Appellant
Versus
Secretary to Government, Municipal Administration & Water Supply Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to third respondent's proceedings Na.Ka.No.H1/11539/99/H1 dated 26.05.2006 and quash the same in so far as regularisation of the service of the petitioner is concerned from the date of order and consequently direct the respondents herein to regularise the service of the petitioner in time scale of pay after completion of one year service from the date of his appointment made pursuant to and in accordance with G.O.Ms.No.71 M.A. & W.S. Department, dated 05.05.1998 with all attendant benefits.)
1. The order granting regular time scale of pay to the writ petitioner with effect from 23.02.2006 in proceedings dated 26.05.2006, is under challenge in the present writ petition.
2. The writ petitioner was appointed as Badli Sanitary worker in the third respondent-Municipality in the year 1986 through Employment Exchange. The petitioner states that he was initially appointed as consolidated pay employee as per G.O.Ms.No.71, dated 05.05.1998. The petitioner was continued in service for more than 10 years. Though th
Regularization or permanent absorption cannot be granted in violation of service rules in force, and the principles for grant of regularization as settled by the Constitution Bench of the Supreme Cou....
Employees are entitled to regularization on completion of three years of service from their date of initial engagement, as per relevant government orders and previous court decisions.
Retrospective regularization cannot be granted if the initial appointments were not made in a regular time scale of pay in a sanctioned post.
The main legal point established is that employees should be regularized with effect from the completion of three years of consolidated pay, as per the relevant Government Orders and previous judgmen....
The rights of the employees are to be decided only after the disposal of the pending appeal before the Hon'ble Supreme Court of India.
Part-time employees are not entitled to seek regularization as they are not working against any sanctioned posts.
Regularization of services of provisional employees should revert to the date of their initial appointment, as established by legal precedents.
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