Madras High Court
The Chief Educational Officer vs B.Revathi on 24 July, 2023
Writ Appeal No.2707 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.07.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.2707 of 2018
and C.M.P.No.22193 of 2018
1. The Chief Educational Officer,
Cuddalore District, Cuddalore.
2. The District Educational Officer,
Cuddalore District, Cuddalore.
3. The Headmaster, Govt. High School,
Palur, Cuddalore District ... Appellants/ Respondents
Vs
B.Revathi ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set
aside the order passed by the learned Judge in W.P.No.15137 of 2012
dated 18.07.2017, and thereby allow the above writ appeal.
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondent : No appearance
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Writ Appeal No.2707 of 2018
JUDGMENT
(Judgement of the Court was made by Mr.K.KUMARESH BABU.,J.)
This intra-court appeal has been filed challenging the order passed
by the Writ Court in W.P.No.15137 of 2017 dated 18.07.2017, wherein
the learned single Judge had allowed the writ petition filed by the
respondent herein and had directed the appellant herein to regularize the
service of the respondent herein in the permanent post of Sweeper with
effect from initial date of appointment in the regular time scale of pay
and grant all the consequential service and monetary benefits and further
stated that the said exercise shall be done within a period of six weeks
from the date of receipt of a copy of the said order.
2. The respondent herein had been admittedly appointed as a
Sweeper on 31.01.2001. She had initiated the writ petition seeking for
regularization by relying upon the Government Order issued by the
Government in G.O.Ms.No.22, Personnel and Administrative Reforms
(F) Department, dated 28.02.2006.
3. It is pertinent to note that in the aforesaid Government Order,
the Government had taken a decision to regularize the service of the daily
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Writ Appeal No.2707 of 2018
wage employees working in all Government Departments, who were
rendered 10 years of service as on 01.01.2006. For better appreciation,
the relevant portion in the Government Order is extracted hereunder:
“ 3. The Departments of Secretariat may, therefore, be
directed to pursue action to regularise the service of the daily
wages employees working in all Government Department, who
have rendered 10 years of service as on 1.1.2006 as ordered in
para 2 above, in consultation with the respective Heads of
Departments wherever necessary. In special cases wherein
relaxation of rule is required, proposal shall be sent to
Government.”
4. In this case, admittedly the respondent had been appointed only
in the year 2001 and therefore, she could not have completed 10 years of
service to consider regularization in the light of G.O.Ms.No.22, dated
28.02.2006. However, in the impugned order, the learned single Judge
had relied upon an earlier decision of this Court made in W.P.No.20730
of 2012 and accepted the contention of the respondent herein.
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Writ Appeal No.2707 of 2018
5. While reading of the above said order, which has been extracted
in the impugned order and analysis of the order relied upon by the
respondent relates to a case, where the learned single Judge had directed
counting of service of the petitioners therein, who were appointed in a
private school by the Parents Teacher's Association also. Hence, in our
view, the aforesaid judgment cannot be a precedent to consider the claim
made by the respondent herein.
6. For the aforesaid reasons, we find that the order passed by the
learned single Judge is contra to the Government Order as the same is not
applicable to the respondent herein and therefore, the impugned order in
this writ appeal is set aside and the writ appeal is allowed. No costs.
Connected miscellaneous petition is closed.
(R.S.K.,J.) (K.B., J.)
24.07.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
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Writ Appeal No.2707 of 2018
R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
Writ Appeal No.2707 of 2018
24.07.2023
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