E MUTHAPPA Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners E.Muthappa and C. Dharmaraj have filed separate writ petitions seeking issuance of writ of mandamus directing the respondents to regularise the service of the petitioners in the cadre of Junior Assistant with effect from the date of his initial appointment viz., 20.01.1993 and 21.01.1993, respectively, with all consequential benefits such as arrears of pay, refixation of pay, increment, arrears of pension etc.

(2.) THE petitioners E.Muthappa and C. Dharmaraj, were appointed as part time panchayat clerk at Pappakudi Panchayat Union with effect from 10.12.1970 and 01.06.1972 respectively. Subsequently, in the year 1981 Muthappa was appointed as full time panchayat clerk in the same village panchayat. THE Government of Tamil Nadu has issued G.O.Ms.No.963 & 964 Rural Development Department dated 28.11.1998, regarding the method of filling up the 10% of the vacancies in the post of Junior Assistant from among the Record Clerks working in the panchayat union and part time panchayat clerks of village panchayat. THE District Collector based on the aforesaid Government orders started filling up the 10% vacancies in the cadre of Junior Assistant/Rural Welfare Officer Gr.II and part time panchayat clerk by following the seniority and educational qualification and on that basis on 13.01.1993 the petitioner was appointed as Junior Assistant in the Panchayat Union Cheranmadevi by invoking Rule 39(a)(1) of the General rules.

(3.) IN reply, the learned counsel for the respondent would submit that the petitioners would be considered in view of the appointment order dated 20.01.1993, wherein the petitioners at the time of their appointments were appointed to the post of Junior Assistant, subject to the approval of the Tamil Nadu Public Services Commission. Since the said appointment order dated 20.01.1993, is subject to the concurrence to be given by Tamil Nadu Public Service Commission and not from the date of his initial date of appointment as Junior Assistant the regularisation is also subject to the approval of the Tamil Nadu Public Service Commission. Since the Tamil Nadu Public Service Commission had granted approval only from 2002, the learned Government advocate appearing for the respondents prayed for dismissal of the writ petition.