The Hindu : Tamil Nadu News : Regularise services of sweeper, IAF station told

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Sunday, Nov 18, 2007
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Tamil Nadu

Regularise services of sweeper, IAF station told

Special Correspondent

Officials criticised “for acting contrary to their own rules”
They have deprived employees of legal benefits: Bench

CHENNAI: The Madras High Court has deprecated higher officials of the Air Force Station at Tambaram “for acting contrary to their own rules and depriving the employees of their legal benefits.”

Passing orders on a writ petition filed by a part-time sweeper, who was denied regularisation of service despite serving the Family Welfare Organisation of the Armed Forces for over three years, a Division Bench, comprising Justice Elipe Dharma Rao and Justice S.R. Singharavelu, said: “From the materials placed on record, we are able to find that in order to deny pay scale to the petitioner, she was appointed part-time sweeper and also denied regularisation of service on the ground of part-time employment, which is arbitrary, illegal and violation of Articles 14 and 16 read with 21 of the Constitution. It is not the case of the respondents (the Air Officer Commanding, Air Force Station, Tambaram) that they have already appointed a sweeper, who is working in that post…

“This type of practice exhibited on the part of the officers who are at the helm of affairs acting contrary to their own Rules, and depriving the employees of their legal benefits should be deprecated. The intent of the respondents appears to be to get the services of the sweeper, like the petitioner, on meagre amount, instead of extending them the pay scales attached to the post, which cannot be permitted,” the Judges said.

They then directed the Air Officer Commanding Air Force Station at Tambaram to regularise the services of G. Parvathi, the part-time sweeper, from the date of her initial appointment and pay her the pay scale attached to the post within three weeks.

Ms. Parvathi was appointed through employment exchange and was working from 1998 as part-time sweeper. Even though her probation was declared satisfactory, the official concerned did not regularise her service.

Recording these facts, the Bench said, when the rule contemplated filling up of vacancy through direct recruitment and, in the absence of direct recruitment, appointment by transfer, appointing the petitioner as a part-time sweeper was contrary to rules.

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