BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
VIVEK KUMAR SINGH, J
Amalraj – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary – Respondent
ORDER :
VIVEK KUMAR SINGH, J.
This Writ Petition has been filed seeking a direction to the respondents to grant pay fixation and seniority to the petitioner with effect from 31.01.2008, on completion of 10 years of service and to direct the respondents to release the actual monetary benefits arising therefrom, with effect from the date of issuance of G.O.Ms.No.334, Public Works (C2) Department, dated 19.10.2007, in accordance with law.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that the petitioner, having completed his Diploma in Civil Engineering and duly registered with the Tamil Nadu Government Employment Exchange, was engaged as a Mazdoor on daily wage basis in the fifth respondent's Department on 01.02.1998. He has rendered continuous and unblemished service for nearly three decades without any interruption.
4. It is submitted that the petitioner completed 10 years of service on 31.01.2008, making him eligible for regularization with effect from 01.01.2008, in terms of the policy laid down in G.O.Ms.No.334, Public Works (C2)Department, dated 19.10.2007. Despite this, the petitione
Statutory authorities must consider employment regularization representations timely; failure constitutes dereliction of duty under Articles 14 and 16 of the Constitution.
The court established that an employee is entitled to regularization upon completion of eight years of service, and undue delays in administrative actions are unjustified and discriminatory.
Long-term casual employees are entitled to regularization after ten years of service, despite previous classifications, in accordance with labor laws and Supreme Court principles.
The main legal point established in the judgment is that reinstated daily wagers are eligible for regularization in accordance with the circular dated 5.3.2008, and the respondent authorities must de....
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
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
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