A. Subashsunder vs The Commissioner, Salem City Municipal Corporation

The appellants were all initially appointed as NMRs on daily wages. The first respondent vide order dated 15.5.2000 regularised services of petitioners as NMR technical assistants on consolidated pay for a period of one year. The appellants were given assurance that they would be brought under regular time scale of pay after a period of one year. The first respondent sanctioned time scale of pay to the appellants from 1.6.2006 and denied the benefit with effect from 15.5.2001. Therefore the appellants filed writ petition in W.P.No. 2417 of 2007 challenging the proceedings dated 31.5.2006 on the file of first respondent. The appellants wanted the writ Court to regularise their services in the post of technical assistant from the date of their initial appointment on 15.5.2001. The learned single Judge, having found that the order granting time scale of pay to the appellants with effect from 1.6.2006 was contrary to the earlier order dated 15.5.2000, allowed the writ petition. However, the learned single Judge was of the view that the appellants were rightly regularised in the post of unskilled workers and therefore, there is no merit in their contention that they should be regularised in the post of technical assistants. The appellants, feeling aggrieved by the order declining to regularise their services in the post of technical assistants, have come up with this intra-court appeal.

We have heard the learned senior counsel for the appellants.

The appellants are primarily aggrieved by the order of regularising them as unskilled workers instead of confirming them in the post of technical assistants. The factual matrix would very clearly show that the appellants were all appointed as only NMRs. Their initial appointments were not in the post of technical assistants. It is true that the appellants have worked as technical assistants inspite of their appointment as NMRs. However that would not give them a right for regularisation of their services in the post of technical assistants.

The affidavit filed in support of the writ petition clearly shows that the appellants were all initially appointed only as NMRs. Since the initial appointment was only as NMRs on daily wages, the appellants have no justifiable claim for regularisation in the post of technical assistants. This aspect was considered by the learned single Judge and the request for regularisation in the post of technical assistants was rightly negatived. We do not find any reason to take a different view in the matter.

In the up shot, we dismiss the intra-court appeal. Consequently, connected miscellaneous petition is dismissed. No costs.