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M. S. RAMESH
M. Arputham – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order issued by the 4th respondent herein in his proceedings with Na.Ka.415/05 dated 28.02.2006, quashing the same insofar as it relates to the date of regularisation of the employment of petitioners on timescale of pay as on 23.02.2006 and consequently directing the respondents herein to regularise the employment of petitioners on a timescale of pay with effect from 01.07.2003 and 01.04.2003 respectively as per G.O.Ms.No.198 dated 26.10.1998 and G.O.Ms.No.199, dated 12.08.1997 respectively and to pay the arrears of pay due to the petitioners since 01.07.2003 and 01.04.2003 respectively.)
Common Order
1. In both these writ petitions, the petitioners herein, who were appointed on consolidated pay as Pump Operators / Sanitary Workers by the fourth respondent Municipality, with effect from 01.07.2000 and 01.04.2000 respectively and regularised on 23.02.2006, claim retrospective regularization with effect from 01.07.2003 and 01.04.2003 respectively, on completion of three years of service from the date of their appo
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.
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....
Retrospective regularization cannot be granted if the initial appointments were not made in a regular time scale of pay in a sanctioned post.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
Regularization of service is the exclusive domain of the employer, and temporary and casual employees cannot seek regularization. Government orders come into effect from the date of issuance unless s....
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.
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