Employees' right to regularization is preserved under prior Government Orders, affirming entitlements from initial hiring dates despite administrative delays.

ORDER :

D.BHARATHA CHAKRAVARTHY, J.

These three Writ Petitions are filed for identical reliefs and as such, are taken up together and disposed of by this common order.

2. The prayer is in the nature of certiorarified mandamus calling for the records pertaining to G.O.Ms.No.20 Municipal Administration and Water Supply Department, dated 23.02.2006 and the consequential order, dated 27.02.2006 passed by the Commissioner, Corporation of Chennai and quash the same insofar as it relates to fixing the date of regularization from the date of order and to direct the respondents to regularize the services of the petitioner from 27.05.2000 in their respective posts as per G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 with all arrears of pay, other allowances and consequential benefits.

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.

4. The case of the petitioners is that the Corporation of Chennai and various other corporations started employing persons such as the petitioners for performing various jobs in several of their departments on daily wage basis/temporary basis etc. While so, the Government, after taking a decision to regularize the services of these employees, framed a scheme vide G.O.Ms.No.125 Municipal Administration and Water Supply Department, dated 27.05.1999. By the said Government Order, it was mandated that all those casual workers who were appointed on daily wage basis prior to 04.05.1999 shall be included in the list prepared for the purpose of regularization of their services. It was further directed that the services of these persons be appointed in the entry level post in accordance with their qualifications and shall be regularized with effect from the date of such appointment along with all other service benefits. It was further ordered that the employees be paid a sum of Rs.2,000/- per month as consolidated pay for a period of one year and thereafter, be brought under the timescale of pay. Therefore, as per the Government Order, after identifying the regular posts, to which all these employees are qualified, they should have been immediately absorbed and upon the expiry of the period of one year that is by 27.05.2000, they should have been brought under the regular scale of pay and their services should be treated as permanent from the said date. However, the Government Order was not implemented and W.P.No.11909 of 2001 was filed and interim orders were also granted with reference to continuation of employment. Finally, the government issued G.O.Ms.No.20, Municipal Administration and Water Supply Department, dated 23.02.2006, by which, it ordered regularization of services of 912 NMRs like the petitioners in the various categories in the entry level posts and 400 workers, working for street light maintenance in the Electrical Department, in all totalling 1,312 persons in the regular establishment from the date of issue of the order.

5. Subsequently, the said Government Order was also implemented by the consequential order of the second respondent on 28.02.2006 bringing the petitioners under the timescale of pay. Thus, it can b