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S. M. SUBRAMANIAM
D. Manoharan – Appellant
Versus
Government of Tamil Nadu, Rep. by it Secretary, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent relating to his proceedings in Na. Ka. No.125/2009 dated 11.12.2009 and quash the same and consequently direct the respondents herein to regularise the service of the petitioner on time scale of pay in accordance with G.O.Ms.No.198 MA & WS Dept. dated 26.10.1998 with all attendant benefits.)
Common Order
1. The order passed by the respondent in proceedings dated 11.12.2009 appointing the writ petitioners in regular time scale of pay based on the order issued in G.O.Ms.No.242 by the Municipal Administration and Water Supply Department on 10.12.2009 is under challenge in the present writ petitions.
2. The writ petitioners were initially engaged as daily wage employees. The petitioners were working continuously as daily wage employees. The learned counsel for the petitioners mainly contended that the Government issued G.O.Ms.No.198, Municipal Administration and Water Supply Department dated 26.10.1998 stating that the employees, who all are serving for long years on temporary basis are eligible for
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 power of relaxation should be exercised judiciously and not in a routine manner, and regularization and permanent absorption should only be made if the appointments are made in accordance with th....
Regularization of casual employees must follow constitutional principles, ensuring equality and merit, and cannot be claimed retrospectively without sanctioned posts.
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