CHENNAI: “It’s pathetic that sanitary workers who served 30 years of service made to run from pillar to post for regularisation of service,” held the Madras High Court, and quashed a government order which denied regularisation of service and also ordered to release all the monetary benefits to the sanitary workers.
A division bench of Justice MS Ramesh and Justice AD Maria Clete, refused to accept the contention of the State that the sanitary workers were part-time workers and not a sanctioned post, and therefore, they were not entitled for monetary benefits and regularisation.
The bench directed the State to consider the workers’ representation and passed positive orders within four weeks by notionally regularising the services from the date of their initial appointment, for the purpose of calculation of pension and other benefits. The bench upheld the dictum that the services of part-time workers were perennial and continuous in nature, and that their presence was required throughout the day.
The appellants, C Kanagamani and S Kalavathi, from Kanniyakumari moved the appeals challenging a district collector’s decision rejecting their representation for service regularisation. Both appellants were temporarily appointed as part-time sanitary workers in 1985 and 1988.
After several years of unblemished service, they moved a representation seeking to regularise their service. In 2017, their representation was rejected on the grounds that they were not daily wagers but part-time workers which was not a sanctioned post.