G SARADHA Vs. DIRECTOR OF SCHOOL EDUCATION CHENNAI

JUDGEMENT

(1.) The Original Application in O.A. No. 1636 of 2001 before the Tamil Nadu Administrative Tribunal is the present Writ petition. Heard Ms. A. Arulmozhi, learned counsel for the petitioner and Mr. Rm. Muthukumar, learned Government Advocate for the respondents.

(2.) The petitioner was appointed as Part Time Sweeper on 5.12.1983 in Government High School, Pappanampatti, Dharmapuri District and has rendered 26 years of service. However, the petitioner was not regualrised in service and therefore, she claimed regualrisation of her service as a Full Time Sweeper. In this regard, the petitioner has relied on a judgment of this Court dated 23.12.2009 in W.P. No. 48431 of 2006 and submits that the judgment is squarely covers the issue. The same is not seriously disputed by the learned Government Advocate. In paragraph Nos. 11 to 15 of the aforesaid Judgment dated 23.12.2009 are extracted hereunder:

(3.) In this case, there is no order declining to regularise the service of the petitioner. There is an inaction on the part of the petitioner. The petitioner has rendered service for more than two decades as stated above. Keeping the employees without regularising them for decades together, particularly when G.O. Ms. No. 528, Personnel and Administrative Reforms (Per. F) Department, dated 10.10.1988 provides for regularisation of service of part time employees like the petitioner, is arbitrary and violative of Article 14 and 21 of the Constitution of India. In these circumstances, the Respondents are directed to regularise the service of the petitioner as Full time Sweeper on completion of 10 years of service and to pay the consequential benefits within a period of eight weeks from the date of receipt of a copy of this order.