Kamatchi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kamatchi

...Petitioner

-Vs1.The Secretary to Government Department of Social Welfare Government of Tamil Nadu Secretariat, Chennai - 600 009.

2.The Commissioner and Director of Social Welfare Department of Social Welfare Chennai - 600 005.

3.The District Social Welfare Officer District Social Welfare Office Kanchipuram.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to regularize the petitioner's service as Helper from the date of her appointment in the light of G.O.Ms.No.22, Personnel & Administrative Reforms (F) Department, dated 28.02.2006 and to pay arrears of salary with revised time scale of pay arising out of said regularization being arrived on completion of 10 years of service, on the basis of the petitioner's representation dated 27.03.2023. For petitioner : Mr.C.Sivanesan 1/6

For respondents : Mrs.R.L.Karthika Government Advocate

ORDER

This writ petition has been filed for direction to the respondents to regularize the petitioner's service from the date of her initial appointment.

2. The petitioner was selected and appointed in the post of Helper by the District Welfare Officer, Kanchipuram in the year 1993. The 2nd respondent by its proceedings dated 09.07.1997 the service of the petitioner was regularized as Helper on temporary basis that too on consolidated salary in the year 2006, the Government passed G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department dated 28.02.2006 in which all the government departments were directed to regularize the service of the dailywage employees who have completed more than ten years of service as on 01.01.2006. Therefore, the petitioner approached this Court in W.P.Nos.15416 to 15420 of 2011 seeking regularization in the post of Helper. In fact, similarly placed persons were also filed writ petitions and the same was disposed with a direction and the same was also confirmed by 2/6

the order of the Hon'ble Division Bench of this Court. Therefore, as per the direction issued by this Court the Government Order in G.O.Ms.No.17 dated 08.02.2013 by the Social Welfare and Nutritious Meal Programme Department by regularizing the services of the petitioner on completion of her ten years of service as on 01.01.2006. Thereafter, after passing the government order the petitioner was not regularized and as such she was constrained to file contempt petition. Thereafter, her service was regularized on completion of ten years of service with the time scale of pay by its order dated 15.03.2019. Therefore, the petitioner submitted representation dated 04.07.2022 to regularize her service from the date of her initial appointment on completion of her ten years of service.

3. In view of the above, the respondents are directed to consider the request made by the petitioner dated 04.07.2022 seeking regularization of her service from the date of her appointment on completion of her ten years of service within a period of twelve weeks from the date of receipt of copy of this order.

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4. With the above direction, this writ petition is disposed of. No costs.

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To 1.The Secretary to Government, Department of Social Welfare, Government of Tamil Nadu, Secretariat, Chennai - 9.

2.The Commissioner and Director of Social Welfare, Department of Social Welfare, Chennai - 5.

3.The District Social Welfare Officer, District Social Welfare Office, Kanchipuram.

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G.K.ILANTHIRAIYAN,J.

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