The petitioner challenged the rejection of her request for regularization as a Typist. The Court held that she failed to complete ten years of continuous service and was not sponsored by the Employment Exchange, dismissing the writ petition.
Writ of Certiorari and Mandamus is dismissed; connected miscellaneous petition is closed.
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WP.No.15122 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P. No.15122 of 2013
and M.P.No.2 of 2013
D.Chitrakala
... Petitioner
Vs
1.The District Collector, Vellore District.
2.The Commissioner Panchayat Union, Madhanur, Vellore. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certioroarified Mandamus order calling the file Na.Ka.PA3/7457/2012 dated 28.12.2012 on the file of 1st respondent and quash the same and to regulate the service of the petitioner as Typist / Computer operator in the office of the 2nd respondent.
For Petitioner : Ms.R.T.Sundari For Respondents : Mr.V.Veluchamy Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated
28.12.2012 passed in Na.Ka.PA3/7457/2012 by the first respondent,
thereby refused to regularise the service of the petitioner as https://www.mhc.tn.gov.in/judis 1/4
WP.No.15122 of 2013
Typist/Computer Operator.
the learned counsel appearing for the respondents and perused the materials available on record.
2/4
WP.No.15122 of 2013
28.02.2006 is very clear that the services of the daily wage employees working in all Government Departments who have rendered 10 years of service 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. However, the petitioner was not sponsored by Employment Exchange and she was not continuously worked as a Typist on daily wage basis for a period of ten years. Therefore, she is not entitled for any regularization and her request was rightly rejected by the first respondent.
dated 28.12.2012 passed in Na.Ka.PA3/7457/2012 by the first respondent. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
27.07.2023
Lpp Index:Yes/No Internet:Yes/No
G.K.ILANTHIRAIYAN,J.
3/4
WP.No.15122 of 2013
Lpp
To
1.The District Collector, Vellore District.
2.The Commissioner, Panchayat Union, Madhanur, Vellore.
W.P. No.15122 of 2013
and M.P.No.2 of 2013
27.07.2023
4/4
2 issues framed by the court
Whether the petitioner is entitled to regularization of service as a Typist despite absence from duty after 2001.
Whether the requirement of Employment Exchange sponsorship is satisfied for regularization of daily wage employees.
2 provisions across 2 enactments
D.Chitrakala
The District Collector, Vellore District
The Commissioner Panchayat Union, Madhanur, Vellore
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
