LAWS(MAD)-2020-7-409

L. CHINNATHAMBI Vs. SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC HEALTHCARE AND FAMILY WELFARE AND ORS.

Decided On July 08, 2020
L. Chinnathambi Appellant
V/S
Secretary To Government, Department Of Public Healthcare And Family Welfare And Ors. Respondents

JUDGEMENT

(1.) The writ petition has been filed challenging the order of the third respondent dated 13.03.2020 terminating the petitioner from service. Brief facts are necessary necessitating the grant of extraordinary interim order and also proposing to take action against the third respondent for his contemptuous conduct.

(2.) The petitioner has originally approached this Court by filing W.P.No.6635 of 2012 for regularization of his service as Mazdoor, since despite his continuous employment on a temporary basis, he was not regularized. When a representation was made, the same was rejected on 13.06.2011. Challenging the same, the above said writ petition was filed.

(3.) This Hon'ble Court after consideration of rival submissions, had passed a detailed order on 20.03.2018 directing the respondents as under: "20.In the light of the above findings, this Court directs the respondents/contempt authorities to consider the claim of the petitioner for permanent absorption in any one of the existing vacancies on the basis of his continuous employment from 2006 till 2016 and pass orders accordingly, within a period of 8 weeks from the date of receipt of a copy of this order. The authority shall take into consideration the above observations of this Court as well as the exception carved out by the Hon'ble Supreme Court of India in the case of Umadevi as found in paragraph No.53 of the judgment as well as the other Supreme Court judgment relied on by the learned counsel for the petitioner".