IMPORTANT POINT
The court established that regularization of temporary employees must comply with constitutional mandates, ensuring equal opportunity and adherence to service rules.

JUDGMENT :

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 31.01.2020 made in W.P.No. 31759 of 2012 and allow this writ appeal.

The intra-court appeal on hand has been instituted challenging the writ order dated 31.01.2020 passed in W.P.No.31759 of 2012.

2. The State is the appellant before us. The respondents preferred writ petition seeking direction to appoint them in the existing or future vacancies as Gang Mazdoors in regular time scale of pay in the light of the orders passed by this court in W.P.No.36623 of 2004, which was upheld by the Division Bench of this Court in W.A.No.1260 of 2008 and confirmed by the Hon'ble Supreme Court in CC.No.14093 dated 2010 and in terms of G.O.Ms.No.22 P & AR Department dated 28.02.2006.

3. The respondents were engaged as Daily wage employees (NMR's) from the year 1980 onwards. They have not continuously engaged as daily wage employees. Whenever the road projects are undertaken by the appellant/Highways Department, these NMR's are engaged on daily rated basis. Their services are utilized for maintenance of road works by the Highways Department.

4. The respondents have stated that they have completed 10 years of service as daily wage employees. Therefore, they are entitled to be regularized in the sanctioned post in the time scale of pay. Since their claim was not considered by the Highways Department, the writ petition came to be instituted.

5. The writ court allowed the writ petition mainly on the ground that the Government issued G.O.Ms.No.74 P & AR (F) Department dated 27.06.2013, superseding the previous Government Orders and directed appointment only in consultation with the employment exchange against the regular vacancies in the sanctioned cadre strength. Though the writ court has considered the scope of G.O.Ms.No.74, directed the Highways Department to appoint all the respondents on regular basis with effect from their date of initial appointment as daily wage employees. The writ court has further directed that the period of services rendered by them as daily wage employees shall be counted for calculating the pension benefits.

6. Mr.P.Kumaresan, learned Additional Advocate General appearing on behalf of the appellants would submit that admittedly, the respondents were not appointed in the sanctioned posts on regular basis and they were not granted time scale of pay. Contrarily, they are engaged as daily wage employees for maintenance of road works by the Highways Department. Whenever their services are needed, these NMR's engaged. Therefore, the direction issued by the writ court is in violation of the Service Rules and the principles settled by the Hon'ble Supreme Court of India.

7. Mr.V.S.Jagadeesan, learned Counsel appearing on behalf of the respondents would oppose by stating that all the respondents have served for a considerable length of time as Daily Wage employees. They have served for more than 10 years.

8. Para.53 of the Constitution Bench Judgment in Uma devi's case stipulates that temporary employees served for more than 10 years are entitled to be regularized in the sanctioned post in the time scale of pay. The said principle was considered by the Full Bench of Madras High Court in the case of M.Sivappa vs. State of Tamil Nadu, Rural Development Department dated 26.02.2024 in Writ Petition No.23823 of 2023. Relying on the Full Bench judgment, Mr.V.S.Jagadeesan, learned Counsel would contend that the respondents are entitled to be regularized in the sanctioned post in the regular time scale of pay.

9. We have considered the rival submissions made on behalf of the parties to the lis on hand.

10. Facts are not in dispute between the parties. No appointment orders have been issued to the respondents nor the respondents were appointed in the sanctioned post on regular basis. Admittedly, the respondents were engaged as daily wage employees for maintenance of road works by the Highways Depa