IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2011 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Writ Petition No.12398 of 2007 (O.A.No.3728/2002) Tmt. R.Arasi ... Petitioner -Vs- 1. Director of School Education, Chennai-6. 2. District Educational Officer, Salem, Salem District. ... Respondents Writ petition under Article 226 of the Constitution of India praying this Honourable Court to call for records pertaining to the order passing by the 2nd respondent in Na.Ka.No.7361/A1/2000 dated 12.03.2002 and set aside the same, and direct the respondents to appoint the applicant as regular time scale sweeper with all other consequential benefits as stated therein. For petitioner : Mr.P.Ganesan for Mr.S.Mani For Respondents : Mr.V.Subbiah Special Govt. Pleader ORDER The petitioner was appointed as 'part-time sweeper' by the Head Master of the Government Girls Higher Secondary School, Attur, Salem District by an order dated 1.3.1986. After completing 15 years of service, she made representation dated 28.8.2001 to the second respondent, through the Head Master of the School, to regularise her services. 2. The second respondent passed the impugned order dated 12.3.2002 rejecting the request of the petitioner for regularisation on the ground that the petitioner was not recruited through the Employment Exchange. https://hcservices.ecourts.gov.in/hcservices/ 3. The petitioner filed O.A.No.3728/2002 seeking to quash the said order dated 12.3.2002 of the second respondent and for direction to regularise her services with all benefits. 4. No reply affidavit is filed. 5. On abolition of the Tribunal, O.A.No.3728/2002 got transferred to this Court and re-numbered as W.P.No.12398 of 2007. 6. Heard both sides. 7. The learned counsel for the petitioner submits that the Government has taken a policy decision to regularise all the irregular appointments including part-time employees by G.O.Ms.No.22, P. & A.R (F) Department, dated 28.2.2006. According to him, as per the said Government Order, one who has completed 10 years of service as on 1.1.2006 is entitled to regularisation. 8. He has relied on a decision of a learned single Judge of this Court in M. Kumar v. The Director of School Education and 2 others (W.P.No.18126/2008 dated 29.7.2008) and the said decision is confirmed by a Division Bench of this Court in W.A.No.230 of 2009 dated 3.6.2009. The Special Leave Petition preferred against the Judgment of the Division Bench was rejected by the Apex Court on 1.2.2010. Thereafter, the Government issued G.O.Ms.No.141, School Education Department, dated 19.5.2010 granting regularisation to the concerned person. 9. The learned counsel for the petitioner has also relied on another Government Order in G.O.Ms.No.136, School Education (R.1) Department dated 13.5.2010 regularising the services of one Tmt. M.Dhanapoosanam, Part Time Sweeper, Government Higher Secondary School, Uthiramerur, Kancheepuram District based on the order dated 12.6.2008 passed in W.P.No.13499/2008 and as confirmed by a Division Bench of this Court by Judgment dated 28.8.2006 in W.A.No.391 of 2007. 10. It is brought to my notice that the G.O.136 refers to the fact that the S.L.P.(C).No.34142/2009 preferred by them was rejected. 11. On the other hand, the learned Special Government Pleader seeks to dismiss the writ petition based on oral instructions. It is contended that the petitioner being part-time sweeper and when she was not recruited through Employment Exchange, is not entitled to regularisation. 12. I have considered the submissions made on either side. 13. The petitioner has been served as part-time sweeper from 1986 onwards in the Government Girls Higher Secondary School, Attur, https://hcservices.ecourts.gov.in/hcservices/ Salem District. She has been in service for more than 25 years. 14. The Government issued G.O.22, P. & A.R(F) Department, dated 28.2.2006 regularising the services of irregularly appointed employees who were in service as on 1.1.2006 and the regularisation would take effect on completion of ten years of service. The aforesaid Government Order is extracted hereunder:- " The Hon'ble Chief Minister had announced during the Tamilnadu Government Official Union and Government Servants and Teachers Association General Conference held on 8.2.2005, that the services of employees working in various Government Departments on daily wages basis who have completed more than 10 years of service as on 01.01.2006 will be regularized. 2) Based on the announcement made by the Hon'ble Chief Minister on 08.02.2006, the Government direct that the services of the daily wages employees working in all Government Departments who have rendered 10 years of services as on 01.01.2006 be regularised by appointing them in the time scale of pay of the post in accordance with the service conditions prescribed for the post concerned, subject to their being otherwise qualified for the post. 3) The Departments of Secretariat may therefore, be directed to pursue action to regularise the services of the daily wages employees working in all Government Departments, who have rendered 10 years of service as on 01.01.2006. As ordered in para 2 above, in consultation with the respective heads of Department wherever necessary, in special cases, while if relaxation of rules is required, proposal shall be sent to Government." 15. The said Government Order came for consideration by this Court in a decision in M. Kumar v. The Director of School Education and 2 others (W.P.No.18126/2008 dated 29.7.2008). The learned single Judge of this Court allowed the writ petition on 29.7.2008 holding that a part-time sweeper in School Education Department is entitled to regularisation based on G.O.22. 16. The said order was taken on appeal in W.A.No.230 of 2009 by the Department. A Division Bench of this Court dismissed the appeal on 3.6.2009 and confirmed the order of the learned single Judge. Thereafter, the Department took the matter to Apex Court by filing S.L.P and the Special Leave Petition was rejected on 1.2.2010. https://hcservices.ecourts.gov.in/hcservices/ 17. Thereafter, the Government issued G.O.141, School Education Department, dated 19.5.2010 regularising the services of the concerned part-time sweeper. 18. Likewise, the Government issued another Government Order in G.O.136, School Education Department, dated 13.5.2010 regularising the services of the part-time sweeper by name Tmt.M.Dhanapoosanam working in Government Higher Secondary School, Uthiramerur, Kanchipuram District. 19. The regularisation is based on order dated 12.6.2008 in W.P.No.13499/2008, which is confirmed by Order dated 28.8.2008 in W.A.No.391 of 2007. The G.O.136 reads that the SLP preferred against the Order of the Division Bench in SLP (C).No.34142/2009 was dismissed by the Apex Court. 20. In these circumstances, I am of the view that the matter is squarely covered by the aforesaid decisions of this Court. When the Government regularised the services of those persons and also other persons thereafter, who were similarly situated as that of the petitioner, as contended by the learned counsel for the petitioner, there is no reason to deny the regularisation to the petitioner. 21. For all the aforesaid reasons, the writ petition is allowed and the impugned order is quashed and a direction is issued to the first respondent to regularise the services of the petitioner on completion of ten years of service with all monetary benefits. The first respondent is also directed to undertake the said exercise within a period of eight weeks from the date of receipt of copy of this Order. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar Copy to:- 1. Director of School Education, Chennai-6. https://hcservices.ecourts.gov.in/hcservices/ 2. District Educational Officer, Salem, Salem District. +1 CC to the Government Pleader, Sr.75731 W.P.No.12398 of 2007 (O.A.No.3728/2002) RJ (CO) BMD 03/01/2012 https://hcservices.ecourts.gov.in/hcservices/