B.Govindaraj v. The State of Tamil Nadu Rep. by Its Principal Secretary to Government,

ORDER This writ petition is filed for the following relief: "To call for the entire records of the 3rd respondent vide his proceedings No.Na.Ka.No.1845/A1/2023 dated

21.08.2023 and quash the same in so far as the petitioner is concerned and thereby direct the respondents herein to regularise his service as sweeper cum water attender in regular time scale of pay."

¶2The petitioner was appointed as a Sweeper cum Water Attender in the office of the Deputy Inspector of Elementary Education, Poondi, on

01.09.1984. The petitioner has put in over four decades of blemishless service. Page3 of 7

¶3The petitioner would submit that he had been forwarding representations to the respondents to regularise his service. The records would show that on 16.04.1999, the 4th respondent had forwarded the petitioner's representation to the 3rd respondent. However, the petitioner's services have not been regularised. The benefit of GO.Ms.No.385, Finance (Pay Cell) Department, dated 01.10.2010, has not been extended to the petitioner.

¶4The 1st respondent had issued Government Order in GO.Ms.No.111, School Education Department dated 09.05.2012, in and by which the service of over 614 part time employees were regularised with effect from the date of completion of 10 years of service in their existing vacancy. In the earlier writ petition filed by the petitioner in WP.No.20238 of 2023, this Court by order dated 10.07.2023 had directed the petitioner to file a fresh representation and respondents were directed to consider the same.

¶5The Full Bench of this Court in the judgement in M.Sivappa Vs. The State of Tamil Nadu and others - WP.No.23823 of 2023 dated

26.02.2024 after considering the argument and various Judgements had Page4 of 7 held as follows: "38.In fine, we hold

(a)If it shown that the appointment is made to anyone of the 86 categories of posts enumerated in the Tamil Nadu Basic Service immaterial of the fact that whether such appointment is part-time or full-time, the employee would be entitled to the benefit of regularisation dehors G.O.Ms.No.74 dated

27.06.2013.

(b)If it is shown that the nature of employment is temporary and the requirement will cease to exist after a particular time, like those appointments that are made under various welfare schemes, it will then be open to the Government to engage temporary employees or part-time employees."

¶6The Full Bench made it clear that there was no distinction between part time and temporary employees and all those who have completed 10 years of service as on 28.02.2006 was entitled to be regularised. The petitioner had joined the service as early as in the year 1984 and had put in more than 10 years of service as on 28.02.2006. Page5 of 7

¶7Therefore, the impugned order rejecting the petitioner's representation on the ground that the petitioner is a part time employee is without any basis and runs contrary to the decision of the Full Bench as well as GO.Ms.No.247, School Education (R1) Department, dated

03.10.2012.

¶8In view of the above, the impugned order is quashed and the respondents are directed to regularise the petitioner's service as Sweeper cum Water Attender in regular time scale of pay, within a period of 2 weeks from the date of receipt of a copy of this order.

¶9This writ petition is allowed on the above lines. Consequently, the connected miscellaneous petition is closed. No costs. 01-06-2026 Index: Yes/No Speaking/Non-speaking order KAN Page6 of 7 To

¶1The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.

¶2The Director of Elementary Education Nungambakkam, chennai - 600006.

¶3The District Educational Officer (Elementary Education) Thiruvallur District, Thiruvallur.

¶4The Block Educational Officer, Poondi, Thiruvallur Taluk and District. Page7 of 7

P.T.ASHA, J. KAN 01-06-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA & WMP No. 19087 of 2026 B.Govindaraj ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Chennai-9. 2. The Director of Elementary Education Nungambakkam, chennai - 600006. 3. The District Educational Officer (Elementary Education) Thiruvallur District, Thiruvallur. 4. The Block Educational Officer, Poondi, Thiruvallur Taluk and District. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India seeking writ of certiorarified mandamus to call for the entire records of the 3rd respondent vide his proceedings No.Na.Ka.No.1845/A1/2023 dated 21.08.2023 and quash the same in so far as the petitioner is concerned and thereby direct the respondents herein Page2 of 7 to regularise his service as sweeper cum water attender in regular time scale of pay. For Petitioner(s): Mr. A.R.Suresh For Respondent(s): Mr. V.Prasad Government Advocate