SECRETARY TO GOVERNMENT AND ORS Vs. V PANDIAN

JUDGEMENT

(1.) Aggrieved by the order of the learned Single Judge directing to extend the benefit of G.O.Ms.No.528, (P&A.R.) Department, dated 10.10.1988 and G.O.Ms.No.22 (P & A.R.) Department, dated 28.02.206 to the respondent herein to regularise his service, the State has preferred the present writ appeal.

(2.) The respondent herein was appointed as part time Sweeper through employment exchange on 20.08.1992 by the 3rd respondent. From the date of his appointment in the month of August, 1992, the respondent has been continuously working in the said post without any break in service for the last 16 years. In the meanwhile, in view of G.O.MS.No.191, (Finance) Department, dated 29.04.98, his pay was also revised with effect from 01.01.96. As he was continuously working, he made a representation with a request for regularisation of his service and as there was no reply again, finally, he made an another representation dated 29.08.2005, but, the petitioners herein have not come forward to pass any orders on his representation. Therefore, respondent herein was constrained to file the writ petition before this Court in W.P.No.6220 of 2008.

(3.) Before the learned Single Judge, his contention was that he was entitled to be regularised in view of the order passed by the Government in G.O.Ms.No.528, (P&A.R.) Department, dated 10.10.1988 and further clarification dated 25.01.1989, for the reason that he was appointed against the permanent vacancy through employment exchange and also has completed more than 16 years of service from the date of his appointment on 20.08.1992.