N.Girija v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2019 C O R A M THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM Writ Petition No. 11568 of 2019 N.Girija ...
Petitioner Vs.
1.The Union of India Rep by its Secretary to Govt. of India The Ministry of Corporate Affairs 5th Floor, Shastri Bhavan "A" Block, Dr. Rajendra Prasad Road New Delhi - 100 001.
2.The Regional Director Ministry of Corporate Affairs 5th Floor, Shastri Bhavan No.26, Haddows Road Chennai - 600 006.
3.The Official Liquidator Ministry of Corporate Affairs Corporate Bhavan, II Floor No.29, Rajaji Salai Chennai - 600 001.
... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to absorb/ regularize the petitioner as regular lower division clerk in the office of the third respondent with effect from the respective date of appointment on 21.08.1991 as Estate Clerks and further direct to grant the benefit of pay fixation and all admissible allowances arrears of salary and other consequential benefits and allowances including promotion in the service from the date service of initial appointment on 21.08.1991. For Petitioner :
Mr.K.Jayaraman
O R D E R
The relief sought for in this writ petition is for a direction to direct the respondents to regularize the service of the petitioner under Lower Division Clerk in the office of the Official Liquidator at Chennai.
2. The grievances of the writ petitioner is that she was appointed in Estate Clerk by the Official Liquidator, Department of Corporate Affairs, Chennai, during the year 1991. The writ petitioner is serving in the office of the Official Liquidator for a considerable length of time. The learned counsel for the writ petitioner brought to the notice of this Court that even now the writ petitioner is serving in the Office of the Official Liquidator.
3. The learned counsel for the writ petitioner reiterated that the writ petitioner is entitled for regularization based on the judgment of the Hon'ble Supreme Court of India.
4. As far as the present writ petition is concerned, the learned Counsel made a submission that pursuant to the orders of the Hon'ble Supreme Court of India dated 27.08.1999, the scheme was framed akin to that of the scheme framed during the year 1978. Accordingly, many number of persons were absorbed in the regular vacancies and all those employees are now working as permanent employees in the time scale of pay. However, the cases of the writ petitioner was not considered on account of the fact that the vacancies are not available in the department.
5. The learned counsel for the writ petitioner state that during the relevant point of time, when the other employees were regularized, the educational qualification prescribed was pass in 8th standard. The subsequent amendment made in the service rules shall not affect the interest of the employees who had already been appointed in the services and further the benefit of regularization had already been extended to all other similarly placed employees. Thus, the amended service rules shall not have any application with reference to the present writ petitioner service which is yet to be regularized by the respondents in accord with the judgment of the Hon'ble Supreme Court of India and the scheme formulated by the respondents for absorption/regularization.
6. The learned Counsel fairly made a submission that, in the event of availability of vacancies in the department, the case of the writ petitioner will be considered for grant of regularization. In view of the said submission, this Court is inclined to pass the following orders:- 1.The respondents are directed to regularize the service of the writ petitioners soon after the availability of vacancy in Lower Division Clerk services.
2.The service benefits as per the rules are to be extended to the writ petitioners whose services are yet to be regularized in the event of their regularization in the permanent vacancies.
3.It is made clear that the respondents shall not insist the amended educational qualification of SSLC in respect of the writ petitioners whose services are yet to be regularized based on the judgment of the Hon'ble Supreme Court of India and as per the scheme formulated.
7. With this direction, the writ petition stand disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar maya To:
1.The Secretary to Govt. of India The Ministry of Corporate Affairs 5th Floor, Shastri Bhavan "A" Block, Dr. Rajendra Prasad Road New Delhi - 100 001.
2.The Regional Director Ministry of Corporate Affairs 5th Floor, Shastri Bhavan No.26, Haddows Road Chennai - 600 006.
3.The Official Liquidator Ministry of Corporate Affairs Corporate Bhavan, II Floor No.29, Rajaji Salai Chennai - 600 001.
W.P. No. 11568 of 2019 jp(co) nr 14/10/2019