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S. SRIMATHY
M. Marudhanayagam – Appellant
Versus
State of Tamilnadu, Rep. by the Secretary to Government, School Education (R1) Department, Chennai – Respondent
JUDGMENT
(Prayer: in W.P (MD) Nos. 25224 & 25226 of 2018: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent in his Letter No.13970/Pa.Ka.4 (1) Department, dated 01.11.2018 and quash the same as illegal, arbitrary and consequently directing the respondents to give equal scale of pay to the post of Full Time Watchman on par with the permanent Watchman post from 16.05.1997 to 04.05.1998 in the light of the Hon''ble Apex Court judgment reported in 2016(IV) LLJ 513 (SC) State of Punjab Vs. Jagjitsing and others together with interest of 18% respectively.
In W.P (MD)No. 25225 of 2018: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent in his Letter No.13970/Pa.Ka.4 (1) Department, dated 01.11.2018 and quash the same as illegal, arbitrary and consequently directing the respondents to give equal scale of pay for the petitioner''s husband to the post of Full Time Watchman on par with the permane
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 court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
The main legal point established is that the appointment of the petitioners was not illegal, and they were eligible for regularisation of their services.
Point of Law : Principle of “equal pay for equal work” has also been extended to temporary employees (differently described as work-charge, daily wage, casual, ad hoc, contractual, and the like)
Regularization of daily-wage or casual employees is not an automatic right upon completing 240 days of service. It remains contingent upon the availability of sanctioned posts and adherence to govern....
The government servant is entitled to salary and other service benefits attached to the post only from the date of appointment and not prior to the said date of appointment.
The regularization of muster roll workers must comply with established policies and legal standards, and irregular appointments cannot be regularized without following due process as mandated by the ....
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