5.Pursuant to the said order passed by this Court, instead of absorbing the petitioner in the Sweeper post at the fourth respondent Town Panchayat, the Assistant Director of the Town Panchayat, Sivagangai, has passed an order dated 20.08.2011 stating that as per G.O.No.205 dated 23.03.1989, the Tamil Nadu Town Panchayat Establishment Rule, 1988, was issued. Under the said Rule, the post of Sweeper shall be filled up only by way of direct recruitment after getting the names sponsored by the District Employment Exchange. Therefore, the request of the petitioner cannot be considered and accordingly, it was rejected. Be that as it may, the petitioner further claims that in the year 2010, the Government has issued a Government Order in G.O.Ms.No.385 Finance (Salaries) Department dated 01.10.2010. In the said Government Order, the Government paved the way for regularizing the services of the sanitary workers like Sweepers working for more than three years on daily wage basis or on consolidated salary basis in Government offices or local body offices under time scale of pay. The said Government Order, also directs that the Head of the Department concerned can forward the proposals, where such eligible persons are working in the respective offices to the Government for giving permission to bring those incumbents under time scale of pay on permanent basis. The relevant portion of the said G.O.Ms.No.385 is reproduced hereunder.
