1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.10895 of 2011 Karuppayee Ammal ... Petitioner Vs. 1.The Secretary to Government, Education Department, Fort St. George, Chennai- 600 009. 2.The District Educational Officer, District Educational Office, Tirunelveli. 3.Gomathi Ammal Higher Secondary School, Sankarankoil, rep. by its Headmaster, Tirunelveli District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to regularise the petitioner's service and to disburse all the monetary benefits from the date of appointment on 01.04.1970 as a scavenger with promotions and increments and all other benefits as per G.O.Ms.No.22, dated 28.02.2006 and G.O.Ms.No.385, dated 01.10.2010 by considering the petitioner's representation dated 23.08.2011. For petitioner .. Mr.S.C.Herold Singh For respondents .. Mr.S.Chandra Sekar, 1 & 2 Government Advocate ORDER It is the case of the petitioner that she was initially appointed as sweeper and paid Rs.8/-, as monthly salary and as on today, she is being paid Rs.770/- per month. She is working in Gomathi Ammal Higher Secondary School, Sankarankovil, Tirunelveli District, which is a Government School. There are about 55 teachers and 1,450 students. There is no sweeper or Office Assistant in the third respondent school and the petitioner has been engaged as a sweeper/part time scavenger for nearly 41 years. She has made representation, dated 23.08.2011, for regularisation of her services. According to her, the Government have issued G.O.Ms.No.22, Personnel and Administrative Reforms(F) Department, dated 28.02.2006, to regularise the service of the employees, who have worked in Government Departments, on daily wage basis for more than 10 years, as on 01.01.2006. The Government have also issued another G.O.Ms.No.385, Finance (Pay Section) Department, dated 01.10.2010, regularising the services of the similarly placed persons on time scale of pay at Rs.1300-3000/-, etc. The petitioner has further contended that inasmuch as, she has worked for more than 41 years in the third respondent Government school and having regard to the object of the government in abovesaid G.Os., the services of the petitioner ought to https://hcservices.ecourts.gov.in/hcservices/ 2 have been regularised. As there is a failure on the part of the respondents to exercise their duty, she has approached this Court. 2.Heard the learned counsel for the parties and perused the materials available on record. 3.The Government have issued G.O.Ms.No.22, Personnel and Administrative Reforms(F) Department, dated 28.02.2006, to regularise the services of the employees on daily wage basis, who have worked for more than 10 years of service, as on 01.01.2006 in a phased manner. The Government have also issued G.O.Ms.No.385, Finance (Pay Section) Department, dated 01.10.2010, fixing a scale of pay for those sanitary workers, who have completed three years of service on daily wage basis or on consolidated pay. It is the case of the petitioner that she has been working as sweeper/scavenger and also directed to do other works in the third respondent school, for nearly 41 years. The petitioner is due to retire in October, 2011. 4.Considering the grievance of the petitioner, there shall be a direction to the respondents 1 & 2 to consider the representation of the petitioner, dated 23.08.2011, in the light of the abovesaid Government Orders and such other orders, issued from time to time, in the matter of regularisation of employees, who have worked for considerable period of service in Government Department. If she is eligible to be considered for regularisation, the District Educational Officer, Tirunelveli, the second respondent is directed to forward all the necessary details, such as service particulars of the writ petitioner, age, educational qualifications, etc., to the first respondent, within two weeks from the date of receipt of a copy of this order. Having regard to the age of superannuation, fixed by the Government, in respect of last grade servants, if the petitioner is found eligible for regularisation, the competent authority is directed to issue appropriate orders, as expeditiously as possible. 5.With the above direction, the writ petition is disposed of. No costs. gcg Sd/- Assistant Registrar /True copy/ To Sub Assistant Registrar 1.The Secretary to Government, Education Department, Fort St. George, Chennai- 600 009. 2.The District Educational Officer, District Educational Office, Tirunelveli. +1 cc to Mr.S.C.Heroldsingh, Advocate SR.No.32940. W.P.(MD) No.10895 of 2011 Dated:23.09.2011 2P/4C RPB 26.09.2011 https://hcservices.ecourts.gov.in/hcservices/