M CHELLASWAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Original Application in O.A.No.6690 of 1998 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) The petitioner was appointed as Night Watchman on contingency basis with effect from 24.12.1980 by the second respondent. Subsequently, the second respondent appointed him in the vacant post of Office Assistant with effect from 08.07.1981. The second respondent sent proposals to the Government seeking approval for the appointment of the petitioner. As the appointment was irregular, the Government directed the second respondent to terminate the services of the petitioner. Accordingly, he was terminated from service on 31.10.1985. The petitioner filed W.P.No.12935 of 1985 praying to set-aside the order of termination. On constitution of the Tamil Nadu Administrative Tribunal, the writ petition was transferred to the Tribunal and was re-numbered as T.A.NO.564 of 1989. The Tribunal passed an order dated 16.05.1989 in T.A.No.564 of 1989, setting aside the termination.

(3.) The petitioner was reinstated into the service by the second respondent by an order dated 09.06.1989. He joined duty on 12.06.1989. He made a representation to the second respondent to treat the period of non-employment from 01.11.1985 to 11.06.1989 as duty period. The same was rejected by the second respondent by the orders dated 05.04.1995 and 09.06.1998.