R. Banumathi JUDGMENT
R. Banumathi, J.
1. Leave granted.
2. This Civil Appeal arises out of the judgment of the High Court of Judicature at Madras dated 04.07.2012 dismissing the Writ Appeal No. 1209 of 2012 thereby affirming the order of the learned Single Judge directing to grant regularization to the Respondent from the date of completion of ten years of service with salary and other benefits.
3. The Respondent herein was appointed as a part-time Masalchi through Employment Exchange on 01.04.1989 and continued to work there and as part-time Masalchi attended the menial work in the Appellant-department at District Registrar Office, Trichy in the State of Tamil Nadu. The Respondent completed ten years of service as part-time Masalchi on 31.03.1999. In G.O. Ms. No. 22 Personnel and Administrative Reforms (F) Department, dated 28.02.2006, the State Government of Tamil Nadu directed that the services of the fulltime daily wages employees working in all Government Departments, who have rendered ten years of service as on 01.01.2006 be regularized by appointing them in the time scale pay of the post concerned subject to their being otherwise qualified for the post. In furtherance to the above Government Order, G.O. (D) No. 659 Commercial Taxes and Registration (M2) Dept. dated 28.12.2006 was issued whereby the Government directed to fill vacancies in various categories in the Registration Department existing against the Direct Recruitment through Tamil Nadu Public Service Commission, Employment Exchange, Commissioner of Technical Education and on Compassionate Grounds, etc. various categories were considered and, inter-alia, among them 308 posts of watchman were required to be filled.
4. The Respondent herein approached the High Court by filing W.P. No. 26702 of 2010 praying for regularization of his service on completion of ten years of service from the date of his appointment and to appoint him as Watchman in the regular time scale. Vide order dated 26.11.2010, the learned Single Judge directed the Inspector General of Registration to extend the benefits of G.O. Ms. No. 22 dated 28.02.2006 and grant regularization to the Respondent from the date of completion of ten years of service with salary and other benefits.
5. Being aggrieved, the Appellant-department filed writ appeal contending that G.O. Ms. No. 22 dated 28.02.2006 is applicable only to the daily wage full-time employees and not applicable to the Respondent as the Respondent was only a part-time Masalchi. During the pendency of the Writ Appeal vide proceedings No. 10425/A1/2012 dated 02.07.2012, the District Registrar appointed the Respondent and four others as a full-time employees in the post of Watchman by regularising them and the services of Respondent has been placed at Sub-Registrar, Uraiyur, Trichy. The Writ Appeal filed by the Department was dismissed by the High Court affirming the order of the Single Judge. Aggrieved, the Appellants have filed this appeal contending that the High Court has erred in directing regu........