TaxTMI 
TaxTMI 
TaxTMI 
2017 (3) TMI 438
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....amil Nadu directed that the services of the fulltime daily wages employees working in all Government Departments, who have rendered ten years of service as on 01.01.2006 be regularized by appointing them in the time scale pay of the post concerned subject to their being otherwise qualified for the post.In furtherance to the above Government Order, G.O. (D) No.659 Commercial Taxes and Registration (M2) Dept. dated 28.12.2006 was issued whereby the Government directed to fill vacancies in various categories in the Registration Department existing against the Direct Recruitment through Tamil Nadu Public Service Commission, Employment Exchange, Commissioner of Technical Education and on Compassionate Grounds, etc. various categories were considered and,interalia, among them 308 posts of watchman were required to be filled. 4. The respondent herein approached the High Court by filing W.P. No.26702 of 2010 praying for regularization of his service on completion of ten years of service from the date of his appointment and to appoint him as Watchman in the regular time scale. Vide order dated 26.11.2010, the learned Single Judge directed the Inspector General of Registration to extend the....
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....hat 72 persons out of 172 persons of the appellant-department have already filed writ petitions before the High Court which are still pending and if the impugned order is not set-aside, they will also approach the Court for regularization with retrospective effect in which case the financial burden cast upon the appellant would run to crores of rupees per annum and the same would adversely affect the State as well as the public exchequer. The counsel lastly contended that if the impugned order is not set aside, it would open flood gate of unwarranted litigations. 7. Per contra, the learned counsel for the respondent contended that following G.O. Ms. No. 22 dated 28.02.2006, the High Court had earlier allowed claims of many similarly situated employees and the order of the High Court was also confirmed by this Court. The counsel thus contended that the High Court rightly directed the appellants to extend the benefit of G.O. Ms. No. 22 dated 28.02.2006 issued by Personnel and Administrative Reforms Department, to the respondent, retrospectively from the date of completion of ten years of respondent's service with salary and other benefits. The counsel also contended that the respond....
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....ears of service as on 01.01.2006 will be regularized. 2. Based on the announcement made by the Hon'ble Chief Minister on 08.02.2006, the Government direct that the services of the daily wages employees working in all Government Departments who have rendered 10 years of service as on 01.01.2006 be regularized by appointing them in the time scale of pay of the post in accordance with the service conditions prescribed for the post concerned, subject to their being otherwise qualified for the post. 3. The Departments of Secretariat may therefore, be directed to pursue action to regularize the services of the daily wages employees working in all Government Departments, who have rendered 10 years of service as on 01.01.2006 as ordered in para 2 above in consultation with the respective Heads of Departments wherever necessary. In special cases wherein relaxation of rules is required proposal shall be sent to Government. 4. This order issues with the concurrence of Finance Department vide its U.O. No.985/FS/P/2006 dated 28.02.2006." 11. In G.O. Ms.No.22 P & AR Dept. dated 28.02.2006, only full-time daily wage employees were directed to be regularized on completion of ten years o....
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....es against the person who is responsible for the said lapses. All the Heads of Departments are directed to ensure that all the above said instructions are followed without fail and lapses if any found, responsibility will be fixed against them; (ix) All the proposals for regularization of the services of full time daily wage employees should be sent to the Government even in cases where relaxation of rules are not involved." In G.O. Ms. No.74, it was thus, made clear that the part-time employees are not entitled for regularization and that full-time daily wage employees, who had completed ten years of service as on 01.01.2006 shall be regularized against regular vacancies in the sanctioned post. It was also made clear that the services of daily wage employees who have completed ten years of service after 01.01.2006 are not entitled for regularization. 12. In the present case, the respondent herein was engaged to fetch water, to sweep and other connected menial works for one or two hours in a day as part-time Masalchi. The post of part-time Masalchi is not included in ClassIV or V of the Tamil Nadu Basic Service. Further a part-time Masalchi cannot be treated as equivalent to ....
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....ze their services, on a sympathetic consideration, the Inspector General of Registration sent a proposal to the Government to appoint the Part-time Masalchis in the post of Watchman by relaxing the necessary provisions in the Special Rules for the Tamil Nadu Basic Service from the date of issue of the orders.......The Government has decided that, the remaining 172 Part time Masalchis, mentioned in the Annexure, may be appointed in Time Scale Pay, in the existing vacancy of watchmen by relaxing the Rule 3 (A) (Community Rotation) and Rule 5 (1) (Age Qualification) and the services of the Part-masalchi be regularized and they may be awarded monetary benefit from the date of issue of the order..." In pursuance of the above said Government Order and vide proceedings of the District Registrar, the respondent herein appointed as full-time employee in the post of Watchman on 02.07.2012 and has been placed at Sub-Registrar, Uraiyur, Trichy. As per G.O. Ms.No.84, the respondent can claim monetary benefits only from the date of issuance of Government Order regularising his services and not earlier. 14. In a similar issue, concerning part-time sweepers, the State of Tamil Naduhas filed an ....
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....o held that part-time employees in government-run institutions can in no case claim parity in salary with regular employees of the government on the principle of equal pay for equal work. Relevant excerpt from the said judgment is as under: "12. We may at the outset refer to the following well settled principles relating to regularization and parity in pay, relevant in the context of these appeals: (i) High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularization, absorption or permanent continuance, unless the employees claiming regularization had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. The equality clause contained in Articles 14 and 16 should be scrupulously followed and courts should not issue a direction for regularization of services of an employee which would be violative of constitutional scheme. While something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the root of the process, can be regularized, back door entries, appointments contr....
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....e date of completion of ten years of service with salary and other benefits. The learned Judge failed to take note of the fact that as per G.O. Ms.No. 22 dated 28.02.2006, the services of employees working in various government departments on full-time daily wage basis, who have completed more than ten years of continuous service as on 01.01.2006 will be regularised and not part-time Masalchis like the respondent herein. In G.O.Ms. No. 84 dated 18.06.2012, the Government made it clear that G.O.Ms. No. 22 dated 28.02.2006 is applicable only to full-time daily wagers and not to part-time daily wagers. Respondent was temporarily appointed part-time worker as per Tamil Nadu Finance Code Volume (2) Appendix (5) and his appointment was completely temporary. The respondent being appointed as part-time Masalchi, cannot compare himself to full-time daily wagers and seek benefit of G.O.Ms.No.22 dated 28.02.2006. The Single Judge also failed to consider that the Government did not grant regularisation of services of any part-time employee on completion of ten years of his service as envisaged under the G.O.Ms. No.22 dated 28.02.2006. 17. The learned Single Judge erred in extending the benefi....