STATE OF TAMIL NADU Vs. P BALA KRISHNAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order of the Tamil Nadu administrative tribunal, Madras. The respondents were engaged as Graduate tabulators in the Directorate of Technical Education, Guindy. They approached the tribunal against the order dated 27/9/1993 notifying that since they had indulged in unlawful activities on 2/9/1993 in the Directorate of Technicaleducation, Examination Wing, they were not being engaged for the work hereafter. Their claim was allowed. The notice dated 22-9-1993 was set aside and the appellants were directed to retain the respondents in service and regularise them after drawing their inter se seniority. It was further directed that they shall be put on the regular time-scale with all consequential benefits with effect from the date of their regularisation.

(3.) We have heard the learned counsel for the appellants and Shri P. P. Rao, learned Senior Counsel for the respondents. In the objection filed by the State before the Tribunal, it was stated that there was no sanctioned post on which the respondents could be regularised. It has not been found by the Tribunal that this statement was incorrect or that there were posts of Tabulators sanctioned by the government on which the respondents were working. In absence of any finding by the Tribunal that there were sanctioned posts of Tabulators, the Tribunal was not justified in directing the appellants to regularise the services of the respondents.