Madras High CourtWP/7352/2025allowed

K.Palanisamy v. The State Of Tamilnadu

2026-06-23Honourable Ms. Justice P.T. Asha10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

1. K.Palanisamy

2. K.Rajendiran

3. M.Thamaraiselvan

4. D.Mallika

5. A.Tamilselvi

6. S.Ashok Kumar

7. M.Kaliappan

8. M.Kumar

9. P.Arul Murugan 10.P.Vennila 11.. G.Annamalai 12.P.M.Palanisamy 13.A.Gunasekaran 14.. M.Sakthi 15.P.Kadiresan 16.. K.Ravikumar 17.D.Periyasamy

18.. M.Malarkodi 19.M.Suseela 20.P.Kavitha 21.M.Pachiyammal 22.A.Murugan 23.T.Sampathkumar 24.K.Veeramani 25.R.Usha 26.R.Rani 27.P.Kalaiselvi 28.. A.Sadaiyandi 29.K.Karthikeyan 30.E.Rathinavel 31.M.Ramachandran 32.S.Sumathi 33.M.Murugan 34.V.Samuthirakani 35.M.Rajeswari 36.P.Ganesan 37.T.Muthuraj 38.S.K.Poongothai

39.P.Arumugathai 40.P.Krishnaveni 41.. K.Manimegalai 42.M.Rahini 43.S.Lakshmidevi 44.. P.Muthurani 45.G.Muthulakshmi ..Petitioner(s) Vs

1. The State Of Tamilnadu Rep. by its Secretary to Government, Backward Class, Most Backward Class and Minorities Welfare Department,Fort St. George, Chennai -600 009.

2. The Commissioner Adidravidar and Scheduled Tribe Welfare Ezhilagam, Chennai -600 005.

3. The District Welfare Officer, District Adidravidar and Scheduled Tribe Welfare Office, Salem District,Salem 636 001.

4. The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office NagapattinamDistrict, Nagapattinam - 611 003

5. The District Welfare Officer District Adidravidar and Schedule Tribe Welfare Office, Tirunelveli District, Tirunelveli- 627009

6. The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office, Tenkasi District,Tenkasi

7. .The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office Tuticorin District, Tuticorin 628001 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents to regularize the services of the Petitioners, declare their probation and fix regular time scale pay of Rs.4800-10000 plus Grade pay Rs.1300 to the Petitioners from their date of initial appointment in pursuance of the order dated 25.01.2018 passed in W.P.(MD) No.17663 of 2014 which was confirmed in W.A.(MD)No.1584 of 2018 by an order dated 29.01.2019and G.O.Ms.No.50, Adidravidar and Scheduled Tribe Welfare Department dated 08.03.2019. For Petitioner(s):

Ms. C.Uma For Respondent(s):

Mr.V.Sivalingam Government Advocate Order This writ petition is filed for the following relief: "To issue a writ of mandamus directing the respondents to regularize the services of the petitioners, declare their probation and fix them in the regular time scale pay of Rs.4800-10000

plus Grade pay Rs.1300 from their date of initial appointment in pursuance of the order dated 25.01.2018 passed in W.P.(MD) No.17663 of 2014 which was confirmed in W.A.(MD)No.1584 of 2018 by an order dated 29.01.2019 and G.O.Ms.No.50, Adidravidar and Scheduled Tribe Welfare Department dated 08.03.2019."

2. The petitioners would submit that they were appointed as Part-Time Sanitary Workers in various Government Adi Dravidar and Tribal Welfare Department Hostels pursuant to G.O.Ms.No.26, Adi Dravidar and Tribal Welfare Department, dated 25.02.2011. According to the petitioners, though they were appointed during the years 2012, 2013 and 2014, their services have not been regularized till date.

3. It is the further case of the petitioners that they submitted individual representations to the respective District Welfare Officers seeking regularization of their services, declaration of probation and fixation of regular time-scale pay of Rs.4,800-10,000 with Grade Pay of Rs.1,300, in the light of the judgment dated 29.01.2019 passed in W.A.(MD) No.1584 of 2018, wherein similarly placed sanitary workers were extended the benefit of time-scale pay. Since no orders have been passed on the said representations, the present Writ Petition has been filed.

Heard the learned counsel on either side and perused the materials available on record.

4. It is seen that sanitary workers/scavengers working in various Government Schools had earlier filed W.P.(MD) No.17663 of 2014 before this Court. By order dated 25.01.2018, the said Writ Petition was allowed. The said order was confirmed by the Division Bench in W.A.(MD) No.1584 of 2018 by judgment dated 29.01.2019. The relevant observations of the Division Bench are extracted below:

"4. The issue raised in this writ petition is no longer res integra, in view of the law laid down by the Hon'ble Supreme Court in State of Punjab and others Vs Jagjit Singh and Others [2017(1) SCC 148) and Sabha Shanker Dube Vs Divisional Forest Officer and Others.

There is no dispute that the Members of the Association are working as Scavengers. The Government sanctioned time scale of pay to the Scavengers appointed to work in various Government departments and in the High Court. Those Scavengers are receiving a salary of Rs.18,843/-. However, the scale of Rs.1,300-3,000 with the Grade Pay of

Rs.300/-. The Scavengers working in the other Department were given the pay scale of Rs.4,800 - 10,000 + Grade Pay of Rs.1,300/-. The pay structure is per se discriminatory. It violates the principle of Equal Pay for Equal Work. The learned Single Judge was therefore justified in quashing the particular clause and directing the appellant to sanction the time scale of pay to the Scavengers, taking into account the salary of similarly placed scavengers working under the State. We do not find any error of illegality in the said order warranting interference."

5. In view of the aforesaid judgment and considering that the issue involved in the present writ petition is identical, this Writ Petition is allowed as prayed for. No costs.

23-06-2026 Index: Yes/No Speaking/Non-speaking order SRN

1. The Secretary to Government, State Of Tamilnadu Backward Class, Most Backward Class andMinorities Welfare Department,Fort St. George, Chennai -600 009.

2. The Commissioner Adidravidar and Scheduled Tribe Welfare Ezhilagam, Chennai -600 005.

3. The District Welfare Officer, District Adidravidar and Scheduled Tribe Welfare Office, Salem District,Salem 636 001.

4. The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office NagapattinamDistrict, Nagapattinam - 611 003

5. The District Welfare Officer District Adidravidar and Schedule Tribe Welfare Office, Tirunelveli District,Tirunelveli- 627009

6. The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office, Tenkasi District,Tenkasi

7. The District Welfare Officer, District Adidravidar and Schedule Tribe Welfare Office Tuticorin District, Tuticorin 628001

P.T.ASHA J.

SRN 23-06-2026 (2/2)