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M. S. RAMESH, SUNDER MOHAN
Executive Officer, Mangalam Pettai Town Panchyat, Mangalam Pettai, Cuddalore – Appellant
Versus
N. Periyasamy – Respondent
JUDGMENT :
M.S. Ramesh, J.
[PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 20.04.2023 passed by the learned Single Judge of this Court in W.P.No.10629 of 2015.]
The order of a learned Single Judge of this Court passed in W.P.No.10629 of 2015, dated 20.04.2023, directing the appellant herein to regularize the service of the appellant and bring him on regular time scale of pay on par with three similarly placed workers, who had the benefit of an Award of the Labour Court passed in the Industrial Dispute in I.D.No.104 of 1993, dated 18.09.2001 and also extend the benefits in G.O.(D) No.34, Municipal Administration and Water Supply (TP.1) Department, dated 23.01.2013, with all consequential benefits, is put under challenge in the present Writ Appeal.
2. The learned Additional Advocate General appearing on behalf of the appellant submitted that in accordance with G.O.Ms.No.60, Rural Development and Panchayat Raj Department, dated 23.06.2006, the services of the 1st respondent herein was regularized in the time scale of pay, with effect from 01.11.2006. He further submitted that regularization of the 1st respondent's services prior to 01.11.2006
The court established that equal treatment in employment benefits is essential, especially when similar cases have been favorably resolved.
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
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 of services must adhere to constitutional principles and cannot discriminate against similarly situated individuals.
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Employees' right to regularization is preserved under prior Government Orders, affirming entitlements from initial hiring dates despite administrative delays.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
Employees completing five years of service before 25.11.1993 are entitled to pension benefits under G.O.Ms.No.212, without arrears of pay.
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
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