N BALAGURUMOORTHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition, praying for issuance of a writ of certiorarified mandamus, in calling for the records on the file of the first respondent in Proc.No. G.O.ID .No.430(PW(C1) Department dated 10.11.1994 and to quash the proceedings as illegal, incompetent, unconsitutional and without jurisdiction and further to direct the respondent No.1, to regularise the services of the petitioner on and from 5.11.1959 together with consequential benefits.

(2.) THE petitioner was appointed as a temporary Draughtsman Grade III under Rule 10(1)(i) of the General Rules of Tamil Nadu State and Subordinate Services on a monthly salary of Rs.70/- per month plus D.A. And HRA admissible under State Government Rules and posted to the office of the Executive Engineer, Kattalai High Level Canal Division No.2, Tiruchi. In the said letter, he was informed that his appointment was purely temporary and was liable to be terminated at any time without previous notice and it would not also confer on him any preferential claim to future appointment to the category. Later, by means of proceedings dated 2.11.1963 of the Superintending Engineer, P.W.D Irrigation Planning Circle, Chepauk, Madras-5 as per Rule 39(a)(i) of Madras State and Subordinate Service Rules, he was promoted as a Draughtsman Grade II(E) on a pay of Rs.175/- in the scale of pay Rs.175-10-225 and retained in Circle Office to relieve Sri.S.Janakiraman, Draughtsman Grade II and further he was informed that the promotion now ordered was purely temporary and would not have any preferential claim for future promotions or continuance.

(3.) THAT apart, the petitioner by means of the proceedings of the Superintending Engineer, P.W.D. Salem-Dharmapuri Circle, Salem-4 in No.23085/70,II E1 dated 9.12.70 was temporarily promoted as Draughtsman Grade I and transferred and posted to the newly formed Chinnar Project Division at Marandahalli with immediate effect.