The court reaffirmed that employees with similar conditions must receive equal treatment regarding regularization of services.

O R D E R

This writ petition has been filed for direction directing the respondents herein to extend the benefits of G.O.(2D).No. 64 Municipal Administration and Water Supplies (MC 3) department dated 08.08.2019 and G.O.(2D).No. 68 Municipal Administration and Water Supplies (MC3) Department dated 27.08.2019 to the petitioners, in the light of the Hon'be Division Bench judgment in W.A.No.1615 of 2018 dated 23.11.2023, which is confirmed by the Hon'ble Supreme Court of India in SLP(C).No.22954 of 2024 dated 27.09.2024, thereby directing to regularise the services of the petitioners on completion of 3 years of service from the date of their original appointment with all consequential service and monetary benefits.

2. The petitioners were originally appointed as Sanitary Workers in the erstwhile Panchayat. On expansion of corporation limit as well as constitution of new corporation, the petitioners service were transferred and merged with their respective corporations. They have been working continuously under the administration and control of the respondents, without any break. They are receiving salary as per the minimum wages fixed by the District Collector from time to time on daily wage basis. They are working on full time basis for the past several years viz., 14 years.

Therefore, they submitted representation for regularisation of their service.

3. However, it was not considered and as such, some of the Sanitary Workers approached this Court and the Hon'ble Division Bench of this Court by an order dated 01.09.2015 in W.P.No.17858 of 20214 held that the petitioners are entitled to consideration for grant of time scale on regular basis, on the basis of performance, assignment is to be done on completion of three years and they are entitled for regularization on completion of three years with all consequential monetary benefits. The Hon'ble Supreme Court of India also confirmed the said order, by an order dated 13.02.2017 in S.L.P.(C).No.3170 of 2017.

4. In compliance of the said order, the first respondent herein passed order in G.O.(2D).No.64 Municipal Administration and Water Supplies (MC 3) department dated 08.08.2019, thereby regularizing their service. By another order in G.O.(2D).No.68 Municipal Administration and Water Supplies (MC3) Department dated 27.08.2019, thereby ordering regularization of their service on completion of three years from the date of their original appointment.

5. That apart, in various writ petitions, this Court directed the respondents to regularise the service of the similarly placed persons within a stipulated time. By an order dated 23.11.2023, the Hon'ble Division Bench of this Court in W.A.No.1615 of 2018, directed the respondents to bring the petitioners therein, into regular time scale of pay, within a period of twelve weeks. The Hon'ble Supreme Court of India also confirmed the said order, by an order dated 27.09.2024 in S.L.P.(C).No.22954 of 2024. The petitioners also being the similarly placed persons, are also entitled for the same benefits of the said government orders. Hence, the present writ petitions.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. It is noticed that some of the Sanitary workers, who had joined in their respective panchayat/municipality were absorbed in the Metro Water Supply and Sewerage Board. Those who were absorbed in the Metro Water Supply and Sewerage Board were all regularised. The persons who were absorbed by the respective corporation were also regularised and those who had earlier approached this Court with similar prayer have been regularised in compliance of the order passed by this Court. Therefore,