Government departments must ensure fair employment practices and cannot exploit temporary workers, especially those with long service, by misapplying legal precedents.

ORDER

The writ petition has been filed in the nature of Certiorarified Mandamus seeking records relating to orders dated 25.03.2021 on the file of the 1^st respondent; 27.01.2023 on the file of the 2^nd respondent and 07.03.2023 on the file of the 2^nd respondent and set aside all the aforementioned orders and direct the respondents to regularise service of the petitioner in the cadre of Sweeper/Scavengers in the 3^rd respondent organisation on completion of 10 years of service as per the G.O.Ms.No.22, Personal and Administrative Reforms Department dated 28.02.2006 and G.O.Ms.No.131, Personal and Administrative Reforms Department dated 28.11.2020.

2. In the affidavit filed in support of the writ petition, it had been contended that the petitioner had joined as a part time Sweeper in the Office of the 3^rd respondent on 19.06.1997 after his name was sponsored by the District Employment Office, Vellore. He had been discharging his duties continuously on and from that date. In the year 2008, the petitioner had given a representation seeking regularisation of service. However, by proceedings dated 22.11.2012 of the 3^rd respondent, the services of the petitioner was regularised in the Special Time Scale of Pay with effect from 16.10.2012 and not in regular cadre post.

3. The petitioner earlier had filed W.P.No.17035 of 2018 seeking a Mandamus to regularise his services. That was dismissed by the Learned Single Judge of this Court by an order dated 05.03.2019 placing reliance on the judgment of the Hon'ble Supreme Court reported in [(2006) 4 SCC 1], Secretary, State of Karnataka vs. Uma Devi. Thereafter, the petitioner had been giving further representations seeking regularisation. In the impugned order, once again citing the aforementioned judgment of the Hon'ble Supreme Court, the request of the petitioner had been rejected.

4. Counter affidavit had been filed on behalf of the respondents that the petitioner has joined the post of a Part Time Sweeper on Temporary basis on 19.06.1997 and had not completed 10 years of service as on 01.01.2006. It had been stated that the Government Orders in G.O.Ms.No.22, Personal and Administrative Reforms Department 28.02.2006, G.O.Ms.No.131, Personal and Administrative Reforms (F) Department dated 28.11.2020 and G.O.Ms.No.131, Personal and Administrative Reforms (F) Department date 28.11.2020 all provided for regularisation of employees, who had completed 10 years of service as on 01.01.2006. The petitioner had been appointed even according to him on 19.06.1997 as on 01.01.2006, had completed only 8 years 6 months and 11 days of service. Thus, it had been stated that the petitioner request for regularisation cannot be granted.

5. Heard the Learned Counsel for the petitioner and the Learned Additional Government Pleader for the respondents.

6. The petitioner had joined as Part Time Sweeper in the Office of the 3^rd respondent on and from 19.06.1997. He was sponsored by the District Employment Exchange, Vellore. It is therefore seen that the initial appointment of the petitioner was not irregular but he was sponsored through Employment Exchange which was the procedure to be followed for appointment of part time Class IV workers. The petitioner had been discharging his duties on and from 19.06.1997. He had been issuing representations seeking regularisation. In the year 2008, the petitioner had given a representation which was rejected. He also filed W.P.No.17035 of 2018 but however that was dismissed by an order dated 05.03.2019, by a Learned Single Judge of this Court, placed reliance on the ratio laid down in the judgment report in (2006) 4 SCC 1, Secretary, State of Karnataka -vs- Uma Devi. The further representation of the petitioner was not considered by the respondents.

7. The judgment referred by the Learned Single Judge in W.P.No.17035 of 2018, filed by the petitioner herein was taken up for further consideration by the Hon'ble Supreme Court in the judgment reported in 2024 0 INSC 1034 (Neutral Citation