O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondent nos.2 & 3 to regularize the petitioner's service from the date of the petitioner's appointment i.e., on 27.07.1989 and thereby grant service and monitory benefits to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner was appointed as a part time Sweeper in Government L.M.Elementary School, Mathicode, Kanyakumari District through Employment Exchange. The third respondent, who was the appointing authority has appointed the petitioner as a sanitary worker. The petitioner made several representations to the respondents seeking appointment in regular time scale of pay on permanent basis. The petitioner has filed original application before the Tamil Nadu Administrative Tribunal in O.A.No.732 of 2002 and the said O.A. was allowed. Thereafter, on 25.08.2006, on completion of 10 years as a Sanitary worker in the Department, the Assistant Elementary Educational Officer, Karungal was appointed the petitioner as temporary full time Sweeper at Government Higher Secondary School, Karungal. Now, the writ petitioner seeks for regularization of his services from the date of his appointment by relying upon G.O.M.S.No.22, P.B.A.R(F) Department dated 28.02.2006. According to the petitioner, the similarly placed persons were regularized their services based on the directions of this Court in WP.No.14623 of 2010 dated 20.04.2012 and this Court has allowed the said writ petition. Therefore, the petitioner has come up with the present Writ Petition.

5. In fact, based upon the G.O.Ms.No.22 Personnel and Administrative Reforms Department dated 28.02.2006 several individuals approached this Court and obtained orders in a batch of cases in writ petition No. 4859 of 2009. Those orders were also confirmed on appeals in Writ Appeal No. 1520 of 2010 etc batch, by the Division Bench of this Court by order dated 25.10.2010. Consequent SLPs filed by the Government were also dismissed by the Apex Court. Thereafter, several similarly placed persons started filing Writ Petitions and all those cases were allowed by the learned Judges sometimes after notice and sometimes even at the admission stage. In a recent decision of the Hon'ble Supreme Court in SLP Civil Nos.2726-2729 of 2014 with civil appeal Nos.2730-2731 of 2014. Those appeals were allowed by the Supreme Court by a judgment dated 21.02.2014 in "Secretary to Government, School Education Department vs. Thiru.R.Govindasamy and others", reported in CDJ L aw Journal 2014 SC 146, wherein, the Hon'ble Supreme Court held in paragraphs 5 to 8 as under:

“5.The issue involved here remains restricted as to whether the services of the part-time sweepers could have been directed by the High Court to be regularised. The issue is no more less integra. In State of Karnataka & Ors v. Umadevi & Ors A I R 2006 S C 1806, this Court held as under:

“There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of the relevant recruitment rules.

6. In Union of I ndia & Ors. v. A. S. Pillai & Ors., (2010) 13 S CC 448, this Court dealt with the issu