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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
D.Kanniappan – Appellant
Versus
Government of Tamilnadu, Rep. by its Secretary to Government, Municipal Administration & Water Supply Department – Respondent
| Table of Content |
|---|
| 1. identification of employees for regularization. (Para 1 , 2 , 3 , 4) |
| 2. delay in regularization contentious. (Para 5 , 6 , 8) |
| 3. full bench rulings on regularization rights. (Para 7 , 11 , 13) |
| 4. counterarguments against retrospective claims. (Para 9 , 10 , 14) |
| 5. directions for regularization implementation. (Para 16) |
ORDER :
These three Writ Petitions are filed for identical reliefs and as such, are taken up together and disposed of by this common order.
3. In all these three Writ Petitions, totally 35 employees are involved. 11 employees, who are the petitioners in W.P.No.24341 of 2013, are working as Malaria Assistants/Office Assistants/Tax Collectors/Junior Assistants in the Health Department of Corporation of Chennai. 12 employees, who are the petitioners in W.P.No.24342 of 2013 are employed as Storm Water Drain Workers in the Corporation of Chennai. 13 employees, who are the petitioners in W.P.No.24343 of 2013 are employed as Road Workers/Office Assistants/Tax Collectors/Junior Assistants in the Corporation of Chennai.
5. Subsequently, the said Government Order was also implemented by the consequential order of the second respondent on 28.02.2006 bringing the peti
Employees' right to regularization is preserved under prior Government Orders, affirming entitlements from initial hiring dates despite administrative delays.
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.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Retrospective regularization cannot be granted if the initial appointments were not made in a regular time scale of pay in a sanctioned post.
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.
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
The main legal point established in the judgment is that the denial of regularization of the petitioners' services from the completion of 10 years of service in 2002 was discriminatory and contrary t....
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
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