IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.7017 OF 2007 (O.A.NO.3601 OF 2002) AND M.P.NO.1 OF 2010 Eswari ... Petitioner Versus 1.The State of Tamil Nadu Rep. by the Secretary to Government Highways Department Secretariat, Fort St. George, Chennai – 600 009. 2.The Chief Engineer (General) Highways and Rural Works Department P.W.D. Buildings, Chepauk, Chennai – 600 005. 3.The Chief Accounts Officer Highways and Rural Works Department Mandaveli, Chennai – 600 028. ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.3601 of 2002 from the file of the Tamil Nadu Administrative Tribunal with a prayer to direct the respondents to appoint the petitioner as full time Sweeper in permanent category under the respondents Department with retrospective effect from 21.06.1971 with all attendant benefits. For Petitioner : Mr.J.Rajendran For Respondents : Mr.S.Gunasekaran Government Advocate O R D E R The petitioner was appointed as a Part Time Sweeper on 21.06.1971 in the respondent Department. She worked in the Office of the Chief Engineer, Accounts Section, Highways and Rural Development Works Department, Chennai. She was paid salary at the rate of Rs.15/- https://hcservices.ecourts.gov.in/hcservices/ per month. While so, in the year 1978, she was transferred to the Office of the third respondent. According to the petitioner, the nature of work was sweeping the floors, cleaning the office and also to keep the office files in order. She made various representations to regularise her services in the Full Time Permanent Group "D" post. The Superintending Engineer, Highways and Rural Works Department, Chepauk, Chennnai also made recommendation to the first respondent vide letter dated 03.08.2001 to regularise her services. Though the petitioner has been working for 32 years, she was not regularised in the full time post. Hence, the petitioner filed Original Application in O.A.No.3601 of 2002 before the Tamil Nadu Administrative Tribunal seeking a direction to the respondents to appoint her as full time Sweeper in the permanent category under the respondent Department with retrospective effect from 21.06.1971 with all attendant benefits. 2.Notice of motion was ordered by the Tribunal in the Original Application on 27.06.2002. No counter is filed by the respondents. 3.In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P.No.7017 of 2007. 4.Even at the time of filing of the Original Application, the petitioner was 57 years old and could have reached the age of superannuation during the year 2003 itself, in the normal course of service. 5.Heard both sides. 6.The petitioner served as Part Time Sweeper in the respondent Department for 33 years. According to the petitioner, though she was called as a Part Time Sweeper, she did the work of a full time employee. In fact, the Superintending Engineer, Highways and Rural Works Department, Chepauk, Chennnai also recommended the first respondent to regularise her services in the full time post vide his letter dated 03.08.2001. In the said letter, it is stated by the Superintending Engineer that while the petitioner was working in the Chief Engineer's office, 1652 SFT was added in the second floor and she did entire floor sweeping work. Further, when she was transferred to Mandaveli, she swept the floor measuring 6140 SFT. The petitioner has been cleaning the records as otherwise dust particles could fill the records. It is also stated that she fills the water pots with drinking water kept near the employees and also take care of other works. Further it is stated that the petitioner was recruited through Employment Exchange and hence, he recommended that the Sweeper post could be made as a permanent full time post, taking into account the nature of duties performed by the petitioner. In https://hcservices.ecourts.gov.in/hcservices/ this regard, the relevant passages from the said letter is extracted hereunder: "...... jpUkjp. <!;thp mk;khs; mth;fisr; rpy;yiur; brytpdj;jpd; fPH; nehpil epakdk; gFjp neu bgUf;Fgtuhf jiyikg; bghwpahsh; (be.C.g.J) brd;id-5 mth;fshy; gzpakh;j;jg;gl;L ,tUf;F khjr;rk;gsk; 6/71 Kjy; +.15/- vd eph;zak; bra;ag;gl;lJ. jiyikg; bghwpahsh; (be) brd;id-5 br.K.f. vz;.25217/rp.nf.3/71.9 ehs; 21.6.71 gpd;dh; Fwsfj;jpy; nkYk; 1652 rJu mst[ mo gug;gst[ fzf;F gphpt[ mYtyfk; Toa nghJ (,uz;lhtJ jsk;) ,tnu me;j jsj;ija[k; bgUf;fp Rj;jk; bra;jhh;............ gpd;dh; 1978-y; brd;id-1/ Fwsff;fl;olj;jpy; ,Ue;J fzf;Fg;gphpt [ ke;ijbtsp brd;id - 28y; cs;s gp.V. gpy;o'; fl;olj;jpw;F khw;wg;gl;lnghJ mg;nghJ 6140 rJu mo bfhz;l fzf;Fg; gphpt [ mYtyfj;ija[k; (Kjy; kw;Wk; ,uz;lhtJ js';fspy; ,a';fpaJ) ,th; bgUf;fp Rj;jk; bra;jhh;. gp.V./ khspif 4/87 Kjy; nkYk; 600 rJu mo gug;gst[ bfhz;l fzf;Fg; gphptpw;F xJf;fg;gl;lnghJk; (bkhj;jk; 6510 rJu mo) gFjp neu bgUf;Fgtnu Rj;jk; bra;J tUfpwhh;...... Fg;igfis btspna bfhz;L nghLjy; \d;whtJ khoapy; cs;s Fg;igfis fPnHf;bfhz;L te;J btspapy; bfhl;Ljy; Mfpa ntiyfisr; bra;fpwhh;. nkYk; FoePiu gzpahsh;fspd; ,Uf;iffspd; mUnf cs;s Ftisfspy; epug;g[k; ntiyfisa[k; ,th; bra;fpwhh;...... " 7.The aforesaid narration of facts, more particularly the letter dated 03.08.2001 of the Superintending Engineer, makes it very clear that the petitioner was discharging the duties of a full time employee. In these circumstances, I am of the view that G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 is applicable to the case of the petitioner. Hence, the petitioner is entitled for regularisation. Furthermore, as rightly contended by the learned counsel for the petitioner, the Government also passed an order in G.O.Ms.No.99, School Education Department, dated 08.06.2011 in similar circumstances regularising the services of the Part Time Sweepers. 8.In these circumstances, the first respondent is directed to regularise the services of the petitioner, on her completion of 10 years of service in terms of G.O.Ms.No.22 and G.O.Ms.No.99, referred to above, on notional basis, so that she could get pension for the services rendered by her and pass appropriate orders to settle the terminal benefits to the petitioner by paying pension and other benefits from the date of her retirement, within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 9.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar TK To 1.The Secretary to Government Government of Tamil Nadu Highways Department Secretariat, Fort St. George, Chennai – 600 009. 2.The Chief Engineer (General) Highways and Rural Works Department P.W.D. Buildings, Chepauk, Chennai – 600 005. 3.The Chief Accounts Officer Highways and Rural Works Department Mandaveli, Chennai – 600 028. 1 cc To Government Pleader, SR.No.57518 W.P.NO.7017 OF 2007 (O.A.NO.3601 OF 2002) msm(co) pmk.26.9.2011 https://hcservices.ecourts.gov.in/hcservices/