The Hindu 13.11.2009
Bench extends helping hand to three sanitary workers of Palani municipality
Mohamed Imranullah S.
MADURAI: “Here is a classic case where poor people working as scavengers for many years and rendering yeoman service to the society have been driven from pillar to post for no fault of theirs when they seek regularisation of their services,” the Madras High Court Bench here observed on Thursday.
Justice S. Nagamuthu made the observation while directing the State Government and Palani Municipality in Dindigul district to regularise the services of three sanitary workers employed at a camp for Sri Lankan refugees at Sivagiripatti.
They were engaged in 1996 for a daily wage of Rs.17 which was subsequently revised to Rs.2,000 a month.
The judge directed the Municipal Commissioner to write to the Government within 15 days requesting to regularise the services of the petitioners.
On receipt of such a request, the Government was directed to pass necessary orders within two months. “It is made clear that there shall not be any delay in issuing regularisation orders,” he said.
Initially, the Municipality counsel contended that the petitioners were not engaged by the local body on its own accord.
He said that they were appointed following a letter written by the Palani Revenue Divisional Officer on September 10, 1990 requesting the municipality to provide basic amenities at the refugee camp.
On the other hand, counsel for the Revenue authorities stated that the RDO had not made any specific request to appoint the petitioners as sanitary workers. It was only a general request to provide basic amenities at the camp.
“Therefore, the Revenue Department is not liable to regularise the services of the petitioners,” he said.
Rejecting both the contentions, Mr. Justice Nagamuthu recalled that last year he had directed the Government to regularise the services of 11 sanitary workers working for more than 10 years in various Government schools at Kovilpatti in Tuticorin district in terms of a Government Order passed on October 10, 1988.
He pointed out that in the present case too, all the three petitioners were working for more than a decade. Hence their services were liable to be regularised in accordance with the 1988 G.O. which stipulates regularisation of daily wagers as well as part-time workers who have completed 10 years of service.
Refusing to accept the Municipality’s other contention that it was facing a great financial stress, the judge observed: “It is unfortunate that the Municipality claims its financial position as an impediment for regularisation of these petitioners. In my considered opinion, its financial condition is not going to fall to the ground because of these petitioners.”
