'Govt's Might Against A Safai Karamchari?': Supreme Court Dismisses State Of Tamil Nadu's Plea Against Sweeper's Regularisation

A Supreme Court bench comprising Chief Justice DY Chandrachud, Justices Hima Kohli and JB Pardiwala dismissed an appeal filed by the Government of Tamil Nadu against an order of the Madras High Court granting relief to a Sweeper in a Government Higher Secondary School by extending him the benefit of regular appointment. While dismissing the appeal, CJI Chandrachud remarked that the Court would not entertain a petition where the Government is exercising its might against a 'safai karamchari'.

When the matter came up before the Supreme Court bench, CJI DY Chandrachud orally remarked–

"A man served the school for 22 years. At the end of those 22 years, the person goes home without gratuity, pension...This is the lowest strata of our society. How can the government go against a poor sweeper? The might of the government against a Safai Karamchari? Sorry. We're dismissing."

The post occupied by the respondent was that of a Sweeper/Scavenger in a Government Higher Secondary School on part time basis, where he had been working for the past 22 years. The contention of the State was that in the absence of any regular vacancy he could not be extended the benefit of regular appointment when he was a part time employee.

The Madras High Court, in its order, stated–

"This Court, even otherwise, cannot imagine a school having thousands of children to be looked after for health and hygiene with the aid of a part time employee, that too, even a single Sweeper. We, therefore, find that the State Government rightly came up with a scheme for regular appointments...We are not inclined to interfere with the impugned Judgment on the ground that the post of a Sweeper or Scavenger in a Government school is a sine qua non and such post deserves to be made available to an institution keeping in view the nature of the requirement."

Related : 'Mighty State Fighting Against A Sweeper' : Supreme Court Directs Deposit Of Legal Costs For Notice On Challenge Against Regularization

Case Title : THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT vs. V. ANNAMUTHU| Diary No.- 18608 - 2021

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