M. Saratha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.7406 of 2014 and M.P.[MD]No.2 of 2014 1.M.Saradha 2.A.Selvi 3.S.Ramathal 4.S.Kamalam 5.S.Ganthimathi 6.M.K.Subramaniyan 7.G.Kalarani ... Petitioners Vs.
1. State of Tamil Nadu, Represented by its Commissioner, Commissionerate for Adi Dravidar and Tribal Welfare, Chepauk, Chennai -5.
2. The Welfare Officer, The District Adi Dravidar Tribal Welfare Office, Karur District, Karur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the of India for issuance of a Writ of Mandamus, to direct the respondents to regularise the petitioners as Sweepers in the Government Adi Dravidar Welfare Hostels for boys and girls at Karur District from the date of joining as Sweepers and fix the time scale of pay within the time stipulated by this Court with consequential benefits. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Dhayalan Government Advocate
O R D E R
The relief sought for in the present writ petition is for a direction to direct the respondents to regularise the services of the writ petitioner in the post of Sweeper in the Government Adi Dravidar Welfare Hostels for boys and girls at Karur District from the date of joining as Sweepers and fix the time scale of pay within the time stipulated by this Court with consequential benefits. 2.Learned Counsel for the petitioners states that all these writ petitioners were engaged as daily wage employees for cleaning the Government hospital. The writ petitioners were engaged on temporary basis and at no point of time, they were properly https://hcservices.ecourts.gov.in/hcservices/
appointed with reference to the recruitment rules in force. The learned Counsel for the writ petitioner states that the writ petitioners have served for a considerable length of time and therefore, they should be brought under the regular establishment. 3.Learned Government Advocate opposed the same by stating that the initial appointment of the writ petitioners were in violation of the recruitment rules in force and further all these writ petitioners have bogus educational certificates for the purpose of securing employment in the Government Adi Dravidar Welfare Hostels for boys and girls at Karur District.
4.With reference to the similar issue, this Court considered the writ petition filed in W.P.[MD]No.13520 of 2011 and an order was passed on 19.03.2018 and therefore, the present writ petition is also to be rejected.
5.Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) MR To
1. The Commissioner, State of Tamil Nadu, Commissionerate for Adi Dravidar and Tribal Welfare, Chepauk, Chennai -5.
2. The Welfare Officer, The District Adi Dravidar Tribal Welfare Office, Karur District, Karur.
+1 CC to Mr.T.LAJAPATHI ROY, Advocate SR-76525. W.P[MD]No.7406 of 2014 18.07.2019 MR(CO) CS(03.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/