Retrospective regularization under specific government orders is restricted to the categories of employees explicitly defined therein and does not automatically extend to daily wagers appointed on consolidated pay unless they meet the strict eligibility conditions set out by the policy.

JUDGMENT :

M. JOTHIRAMAN J.

1. Under assail is the order passed in WP.(MD)No.20612 of 2022 dated 25.10.2024.

2. Originally the respondent/writ petitioner has filed a writ petition seeking for a Mandamus to the appellants to regularize the petitioner's service as Cook with retrospective effect in the light of the G.O(Ms) No. 19 BC/MBC and Minorities Welfare Department, dated 07.03.2008 on par with other similarly placed person with all attendants benefits by considering the representation of the petitioner, dated 07.02.2022. 

3. The case of the respondent/writ petitioner is that she was appointed as Cook through employment seniority by virtue of proceedings of third respondent herein, dated 09.07.1999 on consolidated pay of Rs.500/- per month in the vacant post and joined duty at Government Girls Hostel-BC, Koodakovil, Madurai. At present, she is working as a Cook in the Government School Girls Hostel- BC, Thirumangalam, Madurai District. The persons, who are appointed way back in the year 1997-1998 have not been paid equal salary on par with their juniors. The Government issued order in G.O(Ms)No.85 Backward Classes/Most Backward Classes and Minorities Welfare Department, dated 20.09.2007 taking a policy decision to hike the salary of Cooks, who are appointed as early as in the year 1997-1998 in the pay scale of Rs.2550-55-2660-60-3200. Pursuant to the above mentioned Government order, the respondent/writ petitioner was brought under time scale of pay with effect from 20.09.2007 and her service were also regularised. If the appellants have regularised writ petitioner's service with effect from the date of initial appointment, her pensionary benefits would not have been affected. The Government issued G.O(Ms)No.19 BC/MBC and Minorities Welfare Department, dated 07.03.2008 stating that the service of Cooks, who have been appointed after 31.03.1982 can be regularised retrospectively on completion of five years of service. Since the petitioner was appointed in the year 1999 on consolidated pay and her service has been regularised not from the date of initial appointment or on the completion of five years of service in terms of the above said G.O but only from 20.09.2007 that too after lapse of eight years.

4. The Writ Court directed the third appellant herein to regularize the respondent’s service as Cook with retrospective effect in the light of G.O(Ms)No.19 BC/MBC and Minorities Welfare Department, dated 07.03.2008 on par with other similarly placed person with all attendant benefits within a period of eight weeks. Aggrieved over the same, the State has preferred the present appeal.

5. The learned Special Government Pleader appearing for the appellants would submit that G.O.(Ms)No.19, dated 07.03.2008 is not applicable to the respondent and also similarly placed persons. The respondent was appointed under consolidated pay by the appellant Board on 09.07.1999, subsequently, regularised on 20.09.2007. However, she was approached the Court, based on G.O.(Ms)No.19 dated 07.03.2008 but, the said government order relates to persons temporarily appointed under time scale of pay. The basis and conditions of appointment and the scheme of pay are all different and hence, they cannot be considered as similarly placed persons. The respondent was receiving consolidated pay and hence, the above said government order is not applicable in the light of the decision of this Court in WA.No.158 of 2016 dated 03.12.2019. The Writ Court failed to taking into consideration that the respondent's rights have never been infringed but only they have misrepresented the actual facts and also would create bad preced