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S. M. SUBRAMANIAM
A. H. Mani – Appellant
Versus
State of Tamil Nadu represented by Secretary, 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 G.O.(Ms.) No.21, Municipal Administration and Water Supply (MC3) Department, dated 23.02.2006 passed by the first respondent herein and quash the portion of the order i.e., 'to regularise their services in the regular post, from the date of issue of this order' alone and the consequential order in Na.Ka.No.E1/13666/2001 dated 15.05.2006 passed by the third respondent herein and further direct the respondents to regularise the services of the petitioners from the date of joining with all service and other monetary benefits.)
1. The relief sought for in the present writ petition is to call for the records relating to G.O.(Ms.) No.21, Municipal Administration and Water Supply (MC3) Department, dated 23.02.2006 passed by the first respondent herein and quash the portion of the order i.e., 'to regularise their services in the regular post, from the date of issue of this order' alone and the consequential order in Na.Ka.No.E1/13666/2001 dated 15.05.2006 passed by the third respondent herein and further di
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.
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....
State authorities are bound to consider regularization requests of service employees in parity with similarly situated individuals whose rights have been confirmed by prior binding Division Bench jud....
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.
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....
Retrospective regularization cannot be granted if the initial appointments were not made in a regular time scale of pay in a sanctioned post.
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