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.

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 appointment.

2. The petitioners in W.P.No.24496 of 2013 were appointed as Pump Operators as per G.O.Ms.No.198, Municipal Administration and Water Supply Department, dated 26.10.1998, on consolidated pay of Rs.600/- per month, with effect from 01.07.2000, by the fourth respondent, which was at that point of time a Special Grade Town Panchayat. Likewise, the petitioners in W.P.No.24499 of 2013 were appointed as Sanitary Workers through G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997, on consolidated pay of Rs.900/- per month, with effect from 01.04.2000. When similarly placed employees appointed under G.O.Ms.No.198, Municipal Administration and Water Supply Department, dated 26.10.1998 and G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997 and were placed under timescale of pay on completion of three years from the date of their initial engagement i.e., from 01.07.2003 and 01.04.2003, the present petitioners had made representations to the fourth respondent seeking for a similar relief of regularization on completion of three years i.e., from 01.07.2003 and 01.04.2003 respectively and in view of the non consideration of their request in time, the present Writ Petitions have been filed.

3. In G.O.Ms.No.84, Municipal Administration and Water Supply Department dated 21.05.1998, certain modifications with regard to the salaries of Sanitary Workers appointed under G.O.Ms.No.199, Municipal Administration and Water Supply Department, dated 12.08.1997 were made. Thereafter, in G.O.Ms.No.279, Municipal Administration dated 06.11.2012, a reference was made to G.O.Ms.No.198, dated 26.10.1998, G.O.Ms.No.199, dated 12.08.1997 and G.O.Ms.No.84, dated 21.05.1998 and the similarly placed workers, who had filed writ petitions before this Court, were directed to be placed in timescale of pay, from the date on which they had completed three years of service on consolidated pay. In G.O.Ms.No.119, Municipal and Administration Department, dated 08.03.2013, similarly placed workers of the Town Panchayat, who had filed writ petitions before this Court, were also brought in regular timescale of pay, from the date of completion of their three years of service on consolidated pay.

4. The main issue involved in both these writ petition is as to whether all these petitioners are entitled for regularization from the date on which they had completed three years of service from their respective initial engagement?

5. This issue had already come up before this Court for consideration in W.P.No.27191 of 2004, as against which an appeal came to be filed by the official respondents in the case of Director of Town Panchayat and others Vs. R.Sundaradas in W.A.No.1454 of 2007 and the Hon'ble Division Bench of this Court, in it