[Order of the Court was made by G.R.SWAMINATHAN, J.] The Government of Tamil Nadu is on appeal challenging the order dated 14.02.2017 allowing the writ petition in W.P(MD).No.7589 of 2013.
2.The first respondent herein filed the said writ petition seeking regularisation of his service on completion of ten years from 22.05.1987 and for payment of all monetary and attendant benefits.
3.The writ petitioner/ first respondent herein was appointed as a Watchman cum Sweeper in Sarojini Memorial Higher Secondary School, Urappana Vilai, Ammandi Villai Post, Kanyakumari District by the second respondent herein. The appointment was also approved by the District Educational Officer, Thuckalay, but he was paid only on daily wage basis throughout. He therefore, sought regularisation of his appointment, but the request was rejected by The Director of School Education, Chennai. Hence, he filed W.P.(MD).No.7589 of 2013. The learned single Judge placing reliance on G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated 28.02.2006 allowed the writ petition.
4.The Additional Government Pleader appearing for the appellants Government would contend that the said G.O.Ms.No.22, Personal and Administrative Reforms (F) Department, dated 28.02.2006 would apply only to Government servants and that the learned single Judge was in error in allowing the writ petition by applying the said G.O.Ms.No.22.
5.The application of the said G.O.Ms.No.22 to the case of the petitioner may not be correct. But the fact remains that the second respondent herein had a sanctioned post of Watchman. The writ petitioner had been working in the said post since 1987. The appointment was also approved by the District Educational Officer, Thuckaly.
6. We perused the relevant entries in the Service Register. When a sanctioned post of Watchman was available, keeping the employee on daily wages post be said to be fair. While we do not sustain the reasons assigned by the learned Judge for allowing the writ petition, we do not want to interfere with the relief granted in the writ petition.
7.This writ appeal is dismissed for the aforesaid reasons. No Costs. Consequently, connected Miscellaneous Petition is closed.
To
1.Tamil Nadue State Aids Control Society, Represented by its President / The Secretary to the Government of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai ? 9.
2.The District Collector, Thoothukudi District.
3.The President, Tuticorin District HIV Positive People Welfare Society, Door No. 20A, I Street, Subbiah Muthaliarpuram, Backside of Thoothukudi Medical College Hospital, Thoothukudi.
Kanyakumari District ? 629 160.
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