Madras HC Rejects 11 Part-Time Gang Mazdoors’ Regularisation Plea, Citing Under 10 Years’ Service And No Sanctioned Posts

The eleven petitioners sought a direction requiring the Highways Department to consider their representation dated 10 March 2023 and appoint them as Gang Mazdoors, in existing or future vacancies, on a regular time scale of pay.

They relied on a departmental memo dated 28 January 2008 and earlier High Court orders concerning Gang Mazdoors, which they said had been upheld on review and affirmed by the Supreme Court.

The State opposed the claim, contending that the petitioners were part-time workers, were not appointed through the Employment Exchange, and did not meet the eligibility conditions in G.O. Ms. No. 74 dated 27 June 2013.

The Court considered Article 226 of the Constitution and G.O. Ms. No. 74, Personnel and Administrative Reforms Department, dated 27 June 2013, which it treated as requiring ten years of service and full-time daily-wage employment for the benefit claimed.

It also noted the principle, attributed generally to Supreme Court judgments but without identifying particular cases, that regularisation should not be directed unless the person was appointed to a sanctioned post and had continuously worked for a long time.

Although the petitioners asserted that they had worked from 1987, the Court found that they had not completed the required ten years of qualifying service, had been engaged only part-time, and had not been appointed through the Employment Exchange.

It further found that they had not been appointed to sanctioned posts. On those findings, the petitioners could not claim the benefit of G.O. Ms. No. 74 or establish a right to regularisation; the entrustment of work for a period did not itself create such a right.

The writ petition was dismissed, with no order as to costs.